(영문) 서울중앙지방법원 2020.01.16 2019가단10994

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(영문) 서울중앙지방법원 2020.01.16 2019가단10994

건물인도등 청구의 소

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1. The Plaintiff:

A. Defendant B shall deliver the real estate listed in the attached Form 1, and 2) from August 5, 2018 to the attached Form.

Reasons

1. As to the claim against the defendant B

A. Facts of recognition 1) The Plaintiff is a building listed in the attached Form (hereinafter “instant real estate”).

(2) On March 14, 2012, the Plaintiff set the instant real estate as the lease deposit, KRW 5,000,000, monthly rent of KRW 480,000 (after April 4, 2012), and the lease term of 12 months (from April 5, 2012 to April 5, 2013).

At the time of the above lease agreement, the Plaintiff and Defendant B agreed that the lessor may terminate the lease agreement immediately if the lessee fails to pay the rent more than twice consecutively.

3) After the above lease contract, the Plaintiff’s lease contract between the Defendant B was implicitly renewed. (4) Defendant B did not pay two or more times the rent stipulated in the above lease contract, and the Plaintiff did not pay the rent to the Defendant for more than two months, and thus, the Plaintiff was expected to terminate the lease contract and notified the delivery of the instant real estate.

5) The rent that Defendant B paid to the Plaintiff was appropriated for the portion up to September 2017, and was deducted from KRW 5,000,000,000, the rent that Defendant B paid to the Plaintiff is unpaid after August 5, 2018.

B. Since the lease contract on the instant real estate was lawfully terminated by the Plaintiff’s notice of termination on the ground of the delinquency in the rent of the Defendant B (the Plaintiff, via the instant complaint, sought unjust enrichment equivalent to the delivery, rent or rent and made clear the intention of termination on the ground of the termination of the lease). Defendant B is obligated to deliver the instant real estate to the Plaintiff, a lessor, and Defendant B is obligated to pay the Plaintiff money calculated by the rate of KRW 480,000 per month from August 5, 2018 to the completion date of delivery of the instant real estate.

After termination of the lease contract, it is confirmed that the monthly rent is at least 480,000 won per month.

참조조문

-민사소송법 제150조

유사 판례

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