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(영문) 서울남부지방법원 2019.06.19 2018가단251756

건물명도(인도)

Text

1. The Defendant delivered the instant real estate to the Plaintiff, and each month from December 22, 2017 to the completion date of the delivery of the said real estate.

Reasons

1. Facts of recognition;

A. On April 27, 2017, the Plaintiff leased real estate listed in the separate sheet (hereinafter “instant officetel”) to the Defendant as the lease deposit amount of KRW 10 million, monthly rent of KRW 950,000,000, and the lease term of KRW 950,000,000 from April 29, 2017.

(hereinafter referred to as “instant contract”). B.

The defendant has used the instant officetel until now, and only a total of 7,350,000 won has been paid for rent during that period.

C. On October 1, 2018, the Plaintiff notified the Defendant of the termination of the contract on the ground of two or more overdue rents.

【Facts without dispute over the grounds for recognition, entry of Gap's evidence 1 through 4, purport of the whole pleadings

2. According to the judgment and the facts of the above recognition, since the instant contract was lawfully terminated, the Defendant delivered the instant officetel to the Plaintiff, and the Defendant’s KRW 7,350,000 paid by the Defendant on December 22, 2017 constitutes the rent for seven months and twenty-three-three-three-three days under the instant contract.

From the date of completion of delivery of the above officetel to the date of completion of delivery, it is obligated to pay the rent or unjust enrichment equivalent to the rent of KRW 950,000 per month.

The plaintiff's claim shall be accepted within the scope of the above recognition, and the remaining claims shall be dismissed without any justifiable reason, and the proviso of Article 101 of the Civil Procedure Act shall be applied to the burden of litigation costs. It is so decided as per Disposition.