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(영문) 수원지방법원안산지원 2019.03.27 2018가단17709
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the annex;

(b)payment of KRW 23,100,000;

C. October 1, 2018

Reasons

The following facts may be acknowledged by the parties to a dispute or by adding the whole purport of the pleadings to the evidence Nos. 1 and 2.

On June 26, 2015, the Plaintiff leased real estate stated in the attached Form to the Defendant as a deposit of 20 million won, 700,000 won per month, and the period from August 20, 2015 to August 19, 2017. The Plaintiff paid a deposit and possessed the said real estate by delivery.

However, the Defendant paid only rent from January 30, 2016 to September 30, 2018 and unpaid 23.1 million won for 33 months from September 30, 2018.

On September 12, 2018, the Plaintiff sent to the Defendant a certificate of content that the said real estate should be transferred if the Plaintiff did not pay the unpaid car by September 20, 2018.

According to the above facts, the lease contract was terminated at the time when the defendant received the above proof, or at the latest, the lease contract was lawfully terminated on November 1, 2018, when the plaintiff served a copy of the complaint demanding the delivery of the building and the payment of unpaid rent on the ground of the defendant's delinquency in rent.

Therefore, the defendant is obligated to deliver the apartment in attached Form to the plaintiff and pay the unpaid rent of 23.1 million won to the plaintiff, and to return the unjust enrichment equivalent to the rent calculated at the rate of 700,000 per month from October 30, 2018 to the delivery of the above apartment.

(A) In addition to the Plaintiff’s assertion that the Defendant was unable to obtain a loan due to the Plaintiff’s refusal, the Plaintiff’s claim for refund or deduction of deposit is not determined separately. Therefore, the Plaintiff’s claim is accepted for reasons.

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