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(영문) 서울동부지방법원 2018.09.12 2017가단23265
건물명도(인도)
Text

1. The Defendant shall deliver the real estate indicated in the attached Form to the Plaintiffs, and deliver the said real estate from February 16, 2017.

Reasons

1. Facts of recognition;

A. On November 1, 2016, the Plaintiffs leased real estate (hereinafter “instant store”) in attached Form (hereinafter “instant store”) to the Defendant as of KRW 50,00,000,000 per deposit, monthly rent 3,00,000 per rent (excluding value-added tax), and the period from November 15, 2016 to November 14, 2018.

Since then, it was reduced to 2,750,000 won (excluding value-added tax) per month.

B. On April 7, 2017, the Defendant paid KRW 7,850,000 as rent by October 15 of the same year, including paying KRW 2,750,000 from April 7, 201.

The fixed-term rent for the same period is 3,275,00 won [3,025,000 won (including value-added tax) x 11 months];

C. On August 23, 2017, the Plaintiffs notified the Defendant that the lease contract will be terminated unless the Defendant pays the overdue charge by September 15, 2017.

[Reasons for Recognition] The entry of Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The instant lease agreement, which determined the claim, was terminated on September 15, 2017 following the Plaintiffs’ declaration of termination on the grounds of the Defendant’s failure to pay rent more than two years.

Therefore, the Defendant is obligated to deliver the instant store to the Plaintiffs, and to pay the rent or unjust enrichment equivalent to the rent, calculated at the rate of KRW 3,025,00 per month from February 16, 2017 to February 15, 2017 (the rent paid by the Defendant was appropriated for the rent from November 15, 2016 to February 15, 2017) as requested by the Plaintiffs.

Although the defendant asserts that there is a problem of lease area, rent, etc., it cannot be accepted as a argument that is contrary to the explicit statement of lease contract.

3. All of the plaintiffs' claims are accepted.

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