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(영문) 서울중앙지방법원 2017.01.11 2016가단99163

건물명도

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1. The defendant shall be the plaintiff.

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

(b) from September 19, 2016, entry in the separate sheet.

Reasons

1. On July 27, 2015, the Plaintiff and the Defendant leased the real estate indicated in the separate sheet by setting the deposit of KRW 10 million, monthly rent of KRW 1.1 million (including value-added tax), the lease period from July 29, 2015 to July 28, 2015.

However, the Defendant did not pay the rent from February 2016 to September 18, 2016, and did not pay a total of KRW 8,338,709 for the period from September 18, 2016, and the Plaintiff paid a total of KRW 1,664,928 for the management expenses to be borne by the Defendant (management expenses up to March 2016).

Accordingly, the plaintiff should terminate the above lease contract on the ground of the defendant's delay of rent and seek the delivery of the above real estate.

In addition, since it is not remaining if the lease deposit is deducted from the rent and management fee in arrears above, it is sought to return unjust enrichment equivalent to the rent from September 19, 2016 to the delivery date of the above real estate.

2. Judgment on deemed confession (Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act);