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(영문) 서울중앙지방법원 2019.10.17 2019가단5025298
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

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

(b) from September 9, 2019, entry in the separate sheet.

Reasons

1. Determination as to the cause of claim

A. 1) On September 14, 2017, the Plaintiff: (a) on September 14, 2017, the real estate indicated in the separate sheet (hereinafter “instant real estate”) to the Defendant.

) The lease deposit amount of KRW 20,000,000, monthly rent of KRW 1,700,000, and the lease term of KRW 50,000 (excluding value-added tax) by September 24, 2017; and the management expenses of KRW 50,000 (excluding value-added tax) are set and leased (hereinafter “instant lease agreement”).

) On September 25, 2017, the instant real estate was delivered to the Defendant. 2) According to the instant lease agreement, the Plaintiff determined that the instant real estate can be immediately terminated in the event that the Defendant’s delayed amount reaches the three-year rent.

3) The Defendant paid only the monthly rent and management expenses until September 24, 2018, and did not pay the monthly rent and management expenses from September 25, 2018. The Defendant currently occupies and uses the instant real estate as the beauty room. 4) The Plaintiff notified the termination of the instant lease on the ground of the Defendant’s delinquency in rent for at least three years upon the delivery of the instant complaint, and the duplicate of the instant complaint reached the Defendant on February 12, 2019.

[Ground for recognition] Unsatisfy, substantial facts in this court

B. According to the above facts, since the lease contract of this case was lawfully terminated on February 12, 2019, when the duplicate of the complaint of this case reached the defendant, the defendant is obligated to deliver the real estate of this case to the plaintiff, barring any special circumstances. 2) The plaintiff is entitled to deliver the real estate of this case to the plaintiff, barring special circumstances. The sum of the monthly rent and management expenses, and the amount equivalent to the monthly rent and management expenses that the defendant failed to pay by September 8, 2019, exceeds KRW 20,000 of the lease deposit of this case, and the return of unjust enrichment after September 9, 2019 is claimed. According to the above facts, according to the above facts, the defendant occupies and uses the real estate of this case until now even though the lease of this case was terminated, due to the defendant's possession and use of the real estate of this case.

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