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(영문) 서울동부지방법원 2020.07.07 2020가단106580

건물인도

Text

1. The defendant

(a)on the delivery of 38.40 square meters in Songpa-gu Seoul Metropolitan Government No. 4 Floor D, Songpa-gu;

B. From August 11, 2019, the same shall apply.

Reasons

1. According to the overall purport of Gap evidence Nos. 1 through 3 (including virtual numbers) as to the cause of the claim and the entire pleadings, the plaintiff entered into a lease agreement with the defendant and the Songpa-gu Seoul Metropolitan Government Type 4 D No. 38.40 square meters (hereinafter “the instant real estate”) on April 2016 that leases the lease deposit of KRW 1 million, KRW 150,000,000 per month, and KRW 150,000 per month, and KRW 30,000 per month from October 2016, and the defendant delayed the lease of at least three times as of September 2018, and the plaintiff was deemed to have notified the defendant of the termination of the said lease as a duplicate of the complaint of this case.

According to the above facts, since the lease contract on the instant real estate between the Plaintiff and the Defendant was lawfully terminated on the grounds of the Defendant’s delinquency in rent, the Defendant is obligated to deliver the instant real estate to the Plaintiff and pay the amount calculated by the ratio of KRW 300,000 per month from August 11, 2018 to the completion date of delivery of the instant real estate as unjust enrichment equivalent to rent or rent.

2. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.