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(영문) 청주지방법원제천지원 2019.10.16 2019가단20814
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

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

(b) From January 1, 2019 to A.

a building described in the subsection.

Reasons

1. Basic facts

A. On July 17, 2018, the Plaintiff leased the building indicated in the attached list to the Defendant as “The lease deposit amounting to KRW 5,00,000,000 per month, KRW 500,000 per month, and up to August 30, 2020” (hereinafter “the lease”). At that time, the Plaintiff handed over the building indicated in the attached list to the Defendant.

B. The Defendant paid to the Plaintiff the rent by December 2018 under the instant lease, and did not pay the rent from January 2019.

On September 18, 2019, the Plaintiff stated to the effect that “the rent of KRW 500,000 is not received as from December 2018, when reflecting the rent of KRW 500,000 that was received from the Defendant on August 31, 2019.”

However, on May 3, 2019, the Plaintiff sought rent and unjust enrichment calculated at the rate of KRW 500,000 per month from May 1, 2019 to April 2019, on the premise that the Plaintiff was not paid rent from December 2, 2018 to April 2019, as well as rent and unjust enrichment calculated at the rate of KRW 2,50,000 per month from May 1, 2019 to the completion date of delivery of real estate listed in the separate sheet.

On August 31, 2019, the Plaintiff recognized that the monthly rent of KRW 500,00 was paid by the Defendant on August 31, 2019, and thus, the Plaintiff was paid the rent by December 2019 and was not paid the rent from January 2019.

C. On April 15, 2019, the Plaintiff would notify the Defendant that the instant lease will be terminated unless the Plaintiff would pay the overdue rent to the Defendant by April 30, 2019.

‘A' sent content-certified mail.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, and 3 and the purport of the whole pleadings

2. According to the above facts of recognition, the lease of this case was lawfully terminated on or around May 1, 2019, barring any special circumstance, the Defendant is obligated to deliver the building indicated in the separate sheet to the Plaintiff and pay the Plaintiff rent and unjust enrichment calculated at the rate of KRW 500,000 per month from January 1, 2019 to the date the delivery of the building indicated in the separate sheet is completed.

As to this, the defendant is closely related to the plaintiff on July 27, 2019.

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