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(영문) 서울북부지방법원 2016.02.03 2015가단36317
건물인도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

B. From January 11, 2016, KRW 1100,00 and the above A.

Reasons

On September 19, 2011, the Plaintiff: (a) leased the building listed in the attached list owned by the Plaintiff (hereinafter “the instant building”) to the Defendant KRW 10 million; (b) monthly rent of KRW 110,000,000 (including value-added tax; and (c) from July 10, 201 to July 9, 2013; and (d) thereafter, the lease term was explicitly renewed; (c) the Plaintiff sent proof that the lease contract was terminated by the Defendant on May 6, 2015, when the Plaintiff delayed payment for at least six (6) months; and (d) the Defendant paid part of the rent in arrears with the Defendant continuously occupied and used the instant building; (c) there was no dispute between the parties, or (d) evidence Nos. 15, 36, 15, and 16, respectively, as of the date of closing argument.

According to the above facts, since the above lease contract was terminated due to the Defendant’s delinquency in rent, etc., the Defendant is obligated to deliver the instant building to the Plaintiff, and to pay unjust enrichment equivalent to 110,000 won per month from January 11, 2016 to the date the delivery of the instant building is completed.

Therefore, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition with the assent of all participating Justices.

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