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(영문) 서울남부지방법원 2020.02.12 2019가단250811
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) Out of the real estate listed in the attached list, the attached drawings are indicated, c.c., d., 5, 6, c.

Reasons

On May 19, 2019, the Plaintiff entered into a lease contract with the Defendant for the lease deposit of KRW 16 million, monthly rent of KRW 16 million, and from June 21, 2019 to June 20, 202 with regard to the real estate indicated in the separate sheet (hereinafter “instant lease contract”). The Defendant paid the Defendant a total of KRW 15 million from September 3, 2019 to September 16, 2015, the lease deposit of KRW 16 million from September 3, 2019 to KRW 16 million from September 16, 201, and the rent of KRW 9.18 square meters from June 21, 201 to June 20. The Defendant paid the instant building to the Defendant for the period of KRW 16 million from September 3, 2019 to June 16, 2005, respectively.

In fact, there is no dispute between the parties, or it can be recognized in full view of the whole purport of the pleadings in the evidence Nos. 1 and 2.

According to this, the instant lease agreement was lawfully terminated on September 27, 2019, when the copy of the complaint of this case, stating the Plaintiff’s declaration of termination on the ground of two or more years of delinquency, was delivered to the Defendant. Therefore, the Defendant is obligated to deliver the instant factory building to the Plaintiff, and pay to the Plaintiff the amount of unjust enrichment equivalent to the rent calculated in the ratio of KRW 1,60,000 per month from November 21, 2019 to the completion date of delivery of the instant real estate from November 21, 2019, the following day of the said rent.

Therefore, the plaintiff's claim of this case shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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