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(영문) 서울서부지방법원 2020.05.01 2019가단239974
건물명도(인도)
Text

1. The Plaintiff:

A. The Defendants deliver the real estate listed in the separate sheet;

B. Defendant B shall start on August 5, 2019.

Reasons

1. Facts of recognition;

A. On October 21, 2017, the Plaintiff entered into a lease agreement with Defendant B and the Plaintiff for a deposit of KRW 5 million, monthly rent of KRW 550,000 (in advance payment on November 11, 201), and from November 11, 2017 to November 10, 2018 (hereinafter “instant lease agreement”).

On July 12, 2018, the Plaintiff agreed to increase the rent of the instant lease agreement at KRW 600,000 per month from August 11, 2018.

B. Defendant B paid only the rent for five-month from November 1, 2017, and did not pay the rent thereafter.

C. On August 5, 2019, the Plaintiff sent to Defendant B a certificate that contains an expression of intent to terminate the instant lease agreement on the grounds of delinquency in rent, and the said written statement was the same month.

7. The defendant B reached. D.

The rent that Defendant B did not pay by August 4, 2019 in relation to the instant lease agreement is KRW 9,283,871 in total, and the delay damages for the unpaid rent is KRW 329,687 in total.

E. Meanwhile, around August 22, 2018, Defendant C occupied and used the instant real estate with the consent of Defendant B to use it until now.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Gap evidence Nos. 9 through 11, the purport of the whole pleadings

2. Determination

A. According to the above facts, it is apparent that Defendant B was not guilty of the difference exceeding the second period under the instant lease agreement. Thus, the instant lease agreement was lawfully terminated on August 7, 2019 when the Plaintiff’s declaration of intention to terminate the contract was delivered.

B. Therefore, the Defendants are obligated to deliver the real estate stated in the separate sheet to the Plaintiff, and Defendant B is obligated to return the overdue rent and unjust enrichment equivalent to the rent. Defendant C is obligated to return unjust enrichment equivalent to the rent jointly with Defendant B from the day following the termination of the instant lease contract.

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