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(영문) 서울남부지방법원 2020.02.21 2019가단17366
건물명도
Text

1. The Defendant delivers to the Plaintiff the entire area of 201.42 square meters of underground floors among the real estate listed in the attached list, and from April 1, 2019.

Reasons

The Plaintiff entered into a lease agreement with the Defendant on May 29, 2017, with respect to the lease deposit of KRW 30,000,000, the rent of KRW 1,700,000, and the term of lease from July 15, 2017 to July 14, 2019 (hereinafter “instant lease agreement”). The Defendant began to delay from the date of the conclusion of the instant lease agreement to July 14, 2019, and the Plaintiff urged the Defendant to pay the overdue rent to the Defendant on January 4, 2018, and the Defendant shall pay the Plaintiff the charge to the Plaintiff by the end of April 19, 201.

“Preparation of a letter stating the content, etc.” is recognized, however, that the Defendant did not pay the rent to the Plaintiff by the end of April 2019.

According to the above facts, the lease contract of this case was legally terminated by the plaintiff's declaration of termination on the ground that the lease term of this case has expired, and that the contract of this case has been terminated at least three times in arrears of the defendant.

Therefore, the Defendant is obligated to deliver the instant store to the Plaintiff, and to pay the Plaintiff the amount of unjust enrichment equivalent to the rent calculated at the rate of KRW 1,700,000 per month from April 1, 2019 to the completion date of delivery of the instant store, as requested by the Plaintiff.

Therefore, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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