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(영문) 서울남부지방법원 2019.04.16 2018가단23388
부동산명도
Text

1. The defendant shall be the plaintiff.

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

(b) KRW 600,00 and May 1, 2018

(b).

Reasons

1. On October 26, 2016, the Plaintiff asserted and determined that the lease deposit amount is KRW 10 million, KRW 600,000 per month, KRW 31,000 per month (payment on October 31, 2016), and the lease period is from October 31, 2016 to October 31, 2018 (hereinafter “instant lease contract”). According to Article 4 of the instant lease contract, if the lessee delays the payment of rent for a period of two years, the lessor may terminate the contract, and the Plaintiff did not pay KRW 60,00,000 for the rent for February 2, 2017, and it is evident that the Plaintiff failed to pay the rent for May 2018, and the Plaintiff’s declaration of intention to terminate the lease contract was made based on the following facts: (a) there is no dispute between the parties concerned, or the Plaintiff’s declaration of intention to terminate the lease contract for the entire period of 10,018.

According to the above facts, the instant lease contract was lawfully terminated on December 19, 2018 and terminated.

Therefore, the defendant is obligated to deliver the apartment of this case to the plaintiff and pay the plaintiff the unpaid rent of KRW 600,000 and the final rent of KRW 600,000 from May 1, 2018 to the completion date of delivery of the apartment of this case, and to pay the rent of KRW 600,000 per month or unjust enrichment equivalent to the rent of this case.

In regard to this, the defendant argued to the effect that it is reasonable that the defendant did not pay the rent because the plaintiff failed to fulfill the duty of repairing the object of the lease, and the defendant failed to use the apartment of this case or make profit from the apartment of this case, but there is no evidence to acknowledge the above fact

2. The plaintiff's claim for conclusion is reasonable, and it is so decided as per Disposition.

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