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(영문) 서울중앙지방법원 2019.07.09 2018가단57521
건물명도 등 청구의 소
Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the annex;

(b) KRW 14,450,000 and as regards this, June 12, 2019.

Reasons

1. Facts of recognition;

A. On October 19, 2015, the Plaintiff leased each of the buildings listed in the attached Form (hereinafter “instant building”) to the Defendant as KRW 10,000,000, monthly rent KRW 900,000, and the lease period from November 7, 2015 to November 6, 2016, respectively.

(hereinafter “instant lease agreement”). B.

However, the Defendant delayed the payment of rent from October 2016, and the Plaintiff filed the instant lawsuit with the effect that the instant lease contract was terminated on October 11, 2018.

C. Meanwhile, at the time of the closing of argument in the instant case ( June 11, 2019), the Defendant’s overdue rent or the amount of unjust enrichment equivalent thereto is KRW 24,450,000.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings

2. According to the facts of the above recognition, the lease of this case was lawfully terminated on October 18, 2018 (the delivery date of the complaint of this case) by the Defendant’s declaration of termination due to the Defendant’s declaration of termination due to the Defendant’s declaration of termination. Thus, the Defendant is obligated to pay to the Plaintiff the unjust enrichment of 14,450,000 won (=24,450,000 won-10,000 won), which is the remainder after deducting the deposit from the rent of arrears as of June 11, 2019 (=24,450,000 won) and the damages for delay calculated at the rate of 12% per annum (12% per annum from June 12, 2019 to the date of complete payment). ③ From June 12, 2019 to the delivery date of the building of this case.

3. Conclusion, the plaintiff's claim is justified and acceptable.

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