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(영문) 서울북부지방법원 2020.04.07 2019가단16915 (1)

건물명도 등

Text

1. The defendant is against the plaintiff (appointed party) and the appointed party C:

(a) deliver the real estate listed in the separate sheet;

(b) 1. each.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) Plaintiff (Appointed Party; hereinafter “Plaintiff”) is limited to Plaintiff (Appointed Party; hereinafter “Plaintiff”).

B) On April 18, 2018, between the Defendant and the Appointor C, the entire two floors of the real estate listed in the separate sheet jointly owned by the Plaintiff and the Appointor C (hereinafter “instant real estate”).

(2) According to Article 6 of the above lease agreement, a party to the above lease agreement shall notify the other party one month prior to the expiration of the term of the contract if the contract is to be terminated due to the expiration of the term of the contract.

From May 1, 2018, the Defendant continuously occupied and used the instant real estate from May 1, 2018, and delayed payment of monthly rent from December 1, 2018, and the Plaintiff notified the Defendant of the purport that the said lease contract will be terminated upon the expiration of the said lease term on March 27, 2019.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 5, the purport of the whole pleadings

B. According to the above facts of recognition, the above lease contract was terminated on April 30, 2019, except in extenuating circumstances.

Therefore, the defendant shall, upon the plaintiff's request, deliver the real estate of this case to the joint lessor C, and ② from December 1, 2018 to September 30, 2019 to the refund of unjust enrichment equivalent to the overdue rent or the amount of the rent in arrears from September 30, 2019, KRW 9,350,00 won [=18,70,000 won including value-added tax x 1870,000 won x 10 months) ± 2] and each of the above money shall be paid damages for delay calculated at the rate of 12% per annum from November 1, 2019 to the date of complete payment, as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from October 1, 2019 to the date of complete delivery of the real estate of this case ± 935,000 won for each month as unjust enrichment equivalent to the refund equivalent to the monthly refund from October 1, 2019 to the completion date).