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(영문) 수원지방법원성남지원 2020.09.16 2019가단21605
건물명도 등
Text

1. The defendant

(a) deliver 123.78 square meters of the third floor of the real estate indicated in the attachment;

(b) from July 19, 2020 to paragraph (a).

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to the grounds for the claim Nos. 2 and 3, the Plaintiff entered into a lease agreement with the Defendant on January 13, 2015, setting the lease deposit of KRW 15,00,000 (hereinafter “instant building”) as KRW 622,00 per month and the lease period of KRW 24 months (hereinafter “instant lease agreement”). Since the Defendant was in arrears from May 16, 2017, and the duplicate of the complaint stating the Plaintiff’s declaration of intent to terminate the instant lease was delivered to the Defendant on February 17, 2020, the instant lease agreement was lawfully terminated on the grounds of the Defendant’s rent delay.

Therefore, barring special circumstances, the Defendant is obligated to deliver the instant building to the Plaintiff, and to return the amount of KRW 622,00 per month from May 16, 2017 to the delivery date of the said building under the pretext of overdue rent or unjust enrichment, and the Plaintiff is obligated to pay the amount of KRW 23,076,00 from May 16, 2017 to June 18, 2020 to KRW 22,00,000 from X 37 months X 32,00 to X 30/30, after deducting the Defendant’s lease deposit of KRW 15,000,000 from the Defendant’s lease deposit of KRW 15,00,000 from July 20 to the date of delivery of the said building, and the Defendant is obligated to pay the amount of KRW 60,000 from June 20 to July 20, 200 to the date of delivery by the Defendant.

2. In conclusion, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

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