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(영문) 서울중앙지방법원 2017.01.12 2016가단104232
건물명도 등
Text

1. The defendant is against the plaintiffs:

(a) deliver the real estate listed in the separate sheet;

B. From July 20, 2016, the above A

(b).

Reasons

1. In addition to the purport of the evidence Nos. 1 and 2 as to the cause of the claim, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on June 18, 2016, setting the lease deposit amount of KRW 2,00,000, monthly rent of KRW 1,900,000 (payment on June 20), and the period from June 20, 2016 to November 20, 2016 (hereinafter “the instant lease agreement”). Although the Defendant occupied and used the instant apartment after delivery, it can be acknowledged that the Plaintiffs did not pay KRW 1,90,000,00 to the Plaintiffs on June 20, 2016, each of the following facts are acknowledged. The Defendant filed a lawsuit with the purport that the instant apartment contract was terminated on the ground that the Plaintiff sought delivery of the instant apartment, and that the instant lease agreement was terminated on June 20, 2016.

Therefore, the instant lease agreement is deemed to have been lawfully terminated on the grounds of the Defendant’s failure to pay rent, so the Defendant is obligated to deliver the instant apartment to the Plaintiffs, and to pay rent or unjust enrichment on the rent party, calculated in proportion to KRW 1,900,000 per month from July 20, 2016 to the completion date of delivery of the instant apartment from July 20, 2016.

2. Conclusion, the plaintiffs' claim of this case is justified, and it is so decided as per Disposition.

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