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(영문) 서울남부지방법원 2016.07.22 2015가단61273

건물인도등

Text

1. The defendant

(a) deliver each building listed in the separate sheet;

(b)payment of 12040,000 won;

C. Doese 2016

Reasons

On March 5, 2015, the Plaintiff concluded a lease contract (hereinafter “instant contract” from March 5, 2015) with each of the buildings listed in the separate sheet (hereinafter “each of the buildings of this case”) to the Defendant, with the term from March 6, 2015 to March 5, 2017, with the term of office fixed from March 6, 2015 to the period from March 5, 2017; the Defendant paid the monthly rent of KRW 12,040,000 as the monthly rent until June 5, 2016; the Plaintiff urged the Defendant to pay the rent on several occasions between November 2015 to June 2016, and the Plaintiff notified the termination of the contract by demanding the Defendant to pay the rent on several occasions, or is recognized by the evidence stated in subparagraphs A through A of subparagraphs 1 to 4.

According to the above facts, since the contract in this case was terminated on the ground of the defendant's delinquency in rent, the defendant is obligated to deliver the building in this case to the plaintiff, pay 12,40,000 won in arrears until June 5, 2016, and to pay the amount of unjust enrichment equivalent to the rent of KRW 2,200,000 per month from June 6, 2016 to the completion date of delivery of the building in this case.

If so, the plaintiff's claim is justified.