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(영문) 수원지방법원안산지원 2019.07.10 2018가단19149
건물명도 등
Text

1. The defendant shall be the plaintiff.

A. “D block” in the attached list in the attached list is a clerical error.

Reasons

1. On June 4, 2018, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit of KRW 15,00,000, monthly rent of KRW 750,000 (payment after June 10), and the lease period from June 10, 2018 to June 9, 2020 (hereinafter “instant lease agreement”).

On June 10, 2018, the plaintiff delivered the apartment of this case to the defendant, and the defendant is residing in the apartment of this case until now.

The Defendant did not pay the monthly rent from July 10, 2018. On August 29, 2018, the Plaintiff notified the Defendant on August 29, 2018 that he did not pay the overdue rent by content-certified mail to the Defendant and did not pay it to the Defendant, thereby preventing the Defendant from being at a disadvantage due to termination of the contract.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, since the defendant is still in arrears for at least three years until the plaintiff files the lawsuit in this case, it is reasonable to deem that the lease contract in this case was terminated by the delivery of the complaint in this case.

Therefore, the Defendant is obligated to deliver the instant apartment to the Plaintiff, and to pay rent or unjust enrichment equivalent to rent, calculated at the rate of KRW 750,000 per month from June 10, 2018 to the completion date of delivery of the instant apartment from June 10, 2018.

3. The plaintiff's claim for conclusion is accepted on the ground of the reasons.

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