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(영문) 서울중앙지방법원 2016.09.20 2016가단37950
건물인도 등
Text

1. The defendant shall be the plaintiff.

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

B. 80,365,710 won and March 26, 2016

Reasons

1. Facts of recognition;

A. On February 22, 2013, the Plaintiff leased real estate listed in the attached list (hereinafter “instant real estate”) to the Defendant as KRW 100,000,000, monthly rent, and KRW 5,500,000 (Additional Tax) from March 25, 2013 to March 2015, the lease term of which was set from March 25, 2013 to March 2015.

(hereinafter “instant lease agreement”). B.

The instant lease agreement was implicitly renewed after the expiration of the term. The Defendant delayed the monthly rent, etc. stipulated in the instant lease agreement and delayed payment of KRW 80,365,710 as of March 23, 2016.

C. On March 2, 2016, the Plaintiff sent to the Defendant a content-certified mail indicating the termination of the instant lease agreement, and around that time, the notice of termination was served to the Defendant.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. According to the above facts finding as to the cause of the claim, since the instant lease contract was lawfully terminated on or around March 2016, the Defendant is obligated to deliver the instant real estate to the Plaintiff and pay to the Plaintiff the amount of unjust enrichment equivalent to the rent of KRW 80,365,710, including overdue rent, and KRW 6,050,00 per month from March 26, 2016 to the date the delivery of the instant real estate is completed (= KRW 5,500,000 x 1.1).

3. Conclusion, the plaintiff's claim of this case is justified.

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