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(영문) 의정부지방법원고양지원 2020.10.14 2020가단81508

건물인도

Text

1. The Plaintiff:

(a)on the second floor D of the C Building at the time of strike;

B. As from July 12, 2019, the delivery of the above real estate.

Reasons

1. On April 12, 2019, the Plaintiff entered into a lease contract with the Defendant on a deposit of KRW 20 million, KRW 1.8 million per month, and the period from July 12, 2019 to 60 months for the second floor D of the C building in Pakistan-si, Gyeonggi-do. However, the Plaintiff was notified the Defendant of the termination of the said lease contract on the grounds of overdue rent, on or around August 2019, because it was not paid a rent from August 2019. The instant lease contract was terminated by the Plaintiff’s declaration of termination on the grounds of overdue rent arrears. Thus, the Defendant is obligated to deliver the leased object of this case to the Plaintiff and pay unjust enrichment equivalent to the rent or rent.

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

3. The plaintiff in part of each term is claiming damages for delay under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings with respect to the reasonable rent and unpaid management expenses that will occur in the future. However, according to the proviso of Article 3 of the above Act and Article 251 of the Civil Procedure Act, the above damages for delay are not applicable to the future performance lawsuit. Therefore, this part of the claim is dismissed, and the claim for the unpaid management expenses is not specified, and it is dismissed