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(영문) 서울북부지방법원 2017.04.20 2016가단37881
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver one story 117.18 square meters of real estate indicated in the attachment real estate;

(b) 50.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings in the evidence Nos. 1 and 2, the Plaintiff leased on July 29, 2015, the lease deposit amounting to KRW 40 million, monthly rent of KRW 117.18 square meters on the 1st floor of the real estate indicated in the attached Table (hereinafter “instant real estate”) to the Defendant on July 29, 2015 (i.e., KRW 40,55,000,000 (i.e., KRW 3., value-added tax of KRW 3.5 million, KRW 205,000,000, KRW 205,000,000 management fee for value-added tax of KRW 3.5 million, KRW 205,000,000, KRW hereinafter referred to as “rent”); and (ii) on the grounds that the Defendant notified the Defendant of the termination of the lease agreement on May 14, 2016.

2. According to the above facts of determination, since the lease contract on the real estate of this case was lawfully terminated by the delivery of the above content certification containing the declaration of intention of termination, the defendant is obligated to deliver the real estate of this case to the plaintiff.

In addition, the Defendant is obligated to pay to the Plaintiff the amount of KRW 550,000 (i.e., the sum of the rent unpaid for ten months from May 14, 2016 to February 14, 2017 - KRW 40,550,000,000) and the amount calculated by applying the rate of KRW 4,05,00 per month for unjust enrichment from February 15, 2017 to the time the delivery of the instant real estate is completed.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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