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(영문) 서울서부지방법원 2020.06.04 2019가단17860
건물인도 등
Text

1. The defendant shall be the plaintiff.

A. Of the buildings listed in the separate sheet, each point in the separate sheet No. 3, 4, 5, 6, and 3 shall be in sequence.

Reasons

1. Determination on the cause of the claim

A. Since the lease contract between the plaintiff and the defendant on the summary of the plaintiff's assertion is terminated as at least two rent overdues, the defendant is obligated to deliver the part of the building indicated in the attached list, which is the object of the lease, to the plaintiff and return unjust enrichment equivalent to the rent and the rent.

B. Comprehensively taking account of the purport of the entire arguments in the statement in Gap evidence Nos. 1 through 7 (including each number), the plaintiff entered into a lease agreement with the defendant on May 1, 2019 with the lease deposit amount of KRW 5,00,000,00 for lease deposit, and KRW 50,000 for the rent of KRW 50,00 for the rent of KRW 50,000 for the rent (hereinafter "the lease agreement in this case"), the Defendant's delayed payment amount of KRW 2 years or more for around November 3, 2019 ($ 1,00,000,000) among the buildings listed in the separate sheet, and the Plaintiff notified the Defendant of the termination of the lease agreement in this case on November 20, 2019.

On the other hand, the Plaintiff is a person who has been repaid five-months (term of lease until June 2, 2019), six-months (term of lease until July 2, 2019), and seven-months (term of lease until August 2, 2019) during the term of lease until now.

According to the above facts, the lease contract of this case was lawfully terminated upon the termination of the plaintiff.

Therefore, the Defendant is obligated to deliver Category C to the Plaintiff and pay 2,00,000,000 won (i.e., 4 months from August 3, 2019 to December 2, 2019 x 500,000 won per month) and 500,000 won per month from December 3, 2019 to December 3, 2019.

2. The defendant's assertion that "the defendant repaid that he/she was the monthly rent for June, July, and August 2019," but the rent for three-months in June, July, and August 2019 of the defendant's assertion is the plaintiff's status, May, June, 2019, and July.

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