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(영문) 서울남부지방법원 2018.10.11 2018가합106594

건물명도(인도)

Text

1. The defendant shall be the plaintiff.

(a)each transfer land and buildings listed in the separate sheet;

(b) 79,042,180 Won and its corresponding;

Reasons

1. Basic facts

A. On July 9, 2008, the Plaintiff entered into a lease agreement with the Defendant for a lease term of KRW 30 million, monthly rent of KRW 300,000,000, and two-year lease term of the land and buildings listed in the separate sheet (hereinafter “each of the instant real estate”).

B. On March 14, 2014, the Plaintiff and the Defendant concluded a lease contract with a deposit of KRW 30 million, monthly rent of KRW 3.3 million, and a lease contract with a term of two years from March 16, 2014 (hereinafter “instant lease contract”) from March 16, 2014 (hereinafter “instant lease contract”) and decided to raise the lease deposit of KRW 10 million from 2015 as the special agreement terms and conditions, respectively.

C. From January 2015, the Defendant began not to pay the rent under the instant lease agreement. D.

The Plaintiff requested the Defendant to deliver each of the instant real estate by disclosing that the Plaintiff did not intend to maintain the instant lease agreement, and on April 14, 2018, the Plaintiff and the Defendant agreed to pay the Defendant the amount of KRW 10 million at the director’s expense, and the Defendant up to April 30, 2018 agreed to the director by paying the director’s expense.

(hereinafter referred to as “instant agreement”). E.

The Plaintiff paid KRW 10 million to the Defendant by May 3, 2018 in accordance with the instant agreement, but the Defendant occupied each of the instant real estate until now.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 through 3 (if there are provisional numbers, including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff's assertion

A. The Plaintiff terminated the instant lease agreement on the grounds that the Defendant did not pay two months or more, and notify the termination of the instant lease agreement by serving a duplicate of the complaint of this case.

Therefore, the Defendant is obligated to deliver each of the instant real estate to the Plaintiff, and return the unpaid rent and unjust enrichment equivalent to the rent from the termination of the instant lease agreement until the Defendant delivers each of the instant real estate.