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(영문) 수원지방법원성남지원 2019.10.25 2019가단4600
건물명도 등
Text

1. The defendant

A. At the same time, the Plaintiff received KRW 10 million from the Plaintiff, among the real estate listed in the separate sheet.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion asserts that the lease agreement entered into with the Defendant on July 9, 2018, concluded with the Defendant, was terminated as the Defendant’s delinquency in rent, and sought unjust enrichment equivalent to the delivery, rent, and rent of the leased object, and compensation for its delay.

B. The defendant's assertion is that the defendant simultaneously makes a simultaneous performance defense based on the lease deposit.

2. Termination of the instant lease agreement

A. On July 9, 2018, the Plaintiff and the Defendant indicated in the separate sheet with the second floor D heading 56.25 square meters (hereinafter “the lease object of this case”) among the buildings indicated in the separate sheet between the Defendant and the Defendant.

(B) The term of the lease contract with respect to the lease deposit amounting to KRW 10 million, KRW 700,000 per month, KRW 700,000 per month, and the term of the lease from August 10, 2018 to August 9, 2020 (hereinafter referred to as the “instant lease contract”).

(2) In the event that the Defendant did not pay the rent for more than two years, the Plaintiff was entitled to terminate the lease contract (Article 4) (Article 4). 2), the Defendant received the delivery of the leased object in accordance with the instant lease agreement, and occupied it at a long time while residing therein.

3) The Defendant delayed from October 10, 2018, and notified the Defendant that the lease contract was terminated on the grounds thereof on February 19, 2019. [Reasons for recognition: the fact that there is no dispute, the entries in the evidence Nos. 2, 3, and 4 (including the serial number) and the purport of the entire pleadings.

B. According to the above facts of recognition, the instant lease was terminated on February 19, 2019 as the Defendant’s delinquency in rent.

I would like to say.

3. Obligation to deliver the leased object of this case

A. As examined in the above paragraph (2) above, since the defendant occupies the leased object of this case even after the termination of the lease agreement of this case, the defendant is obligated to deliver the leased object of this case to the plaintiff, barring any special circumstance.

B. The defendant, including the defendant's simultaneous performance defense, is KRW 10 million from the plaintiff.

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