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(영문) 수원지방법원평택지원 2020.07.22 2020가단50124

건물인도

Text

The defendant shall deliver to the plaintiff the real estate listed in the attached list, and deliver the above real estate from January 26, 2020.

Reasons

1. Basic facts

A. On November 16, 2017, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 30 million in lease deposit, KRW 380 million in the rent month (paid on November 15, 201), and the lease term as from November 16, 2017 to November 15, 2019.

(hereinafter “instant lease agreement”). B.

This case’s lease contract was implicitly renewed, and the Defendant is late at least three years from October 2019 after the payment of the rent up to September 2019.

【Ground of recognition】 The fact that there is no dispute, entry of Gap evidence 2-8, the purport of the whole pleadings

2. The above fact-finding on the cause of the claim is clear that the complaint of this case containing the intent to notify the termination of the lease contract of this case was served on February 5, 2020, and thus, it is reasonable to view that the lease contract of this case was lawfully terminated on the same day.

Therefore, the Defendant is obligated to deliver the instant commercial building to the Plaintiff, and to pay the amount of money calculated at the rate of KRW 3.8 million per month from January 26, 2020 to the completion date of the delivery of the instant commercial building as unjust enrichment.

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