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(영문) 서울중앙지방법원 2020.08.19 2020가단5043414
건물인도
Text

1. The defendant shall be the plaintiff.

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

(b) Appendix 900,000 and Appendix 1, 2020.

Reasons

1. Determination on the cause of the claim

A. 1) On December 31, 2016, the Plaintiff and the Defendant indicated in the separate sheet (hereinafter “instant real estate”) on December 31, 2016.

(B) The term of the lease agreement stipulated under the term of the lease from January 1, 2017 to December 31, 2017 (hereinafter “instant agreement”) with respect to KRW 10 million, monthly rent of KRW 900,000,000, and the term of the lease.

(2) The Defendant did not pay the rent from January 2019, and the Plaintiff terminated the instant contract on the grounds of the Defendant’s delinquency in payment of the rent on November 26, 2019. On January 31, 2020, the aggregate of the rent in arrears or unjust enrichment equivalent to the rent in arrears as of January 31, 2020 is KRW 10.9 million (=9 million x 13 months x 800,000 won where the Plaintiff was paid by the Defendant on December 31, 2019).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

B. According to the above facts of recognition, the defendant is obligated to deliver the real estate of this case to the plaintiff and return unjust enrichment equivalent to the rent calculated by the ratio of KRW 900,000,000,000,000,000 from February 1, 2020 to the delivery date of the real estate of this case, calculated from February 1, 2020 to the delivery date of the real estate of this case to the delivery date, except for the amount of KRW 10,90,000,000,000,000,000 to be returned to the defendant upon the termination of the contract of this case.

2. The plaintiff's claim for conclusion is justified and acceptable.

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