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(영문) 서울남부지방법원 2019.12.03 2019가단210561
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

(b) from February 6, 2019 to the annexed list.

Reasons

According to the purport of Gap evidence Nos. 1 through 4 and the purport of the whole pleadings, the plaintiff, on November 21, 2018, leased the apartment as indicated in the attached list (hereinafter referred to as "the apartment of this case") to the defendant on the grounds that on November 21, 2018, the lease deposit is KRW 10,000,000, monthly rent is KRW 700,000 (payment on the fiveth day of each month), and the lease period is from December 5, 2018 to December 4, 2020. The defendant did not pay the rent to the plaintiff. Accordingly, the plaintiff notified the defendant of the termination of the lease on the grounds that the rent is unpaid on the grounds that the plaintiff was not paid on February 11, 2019 and February 14, 2019, the defendant may recognize the unpaid management fee of KRW 20,000,000 in total.

According to the above facts, since the above lease contract has been terminated, the defendant shall deliver the apartment of this case to the plaintiff, and shall pay to the plaintiff the sum of KRW 1,912,200 in unpaid rent and unpaid management expenses [the unpaid rent of KRW 1,400,00 (the rent of KRW 512,200 for two months from December 5, 2018 to February 4, 2019] and the delay damages calculated at the rate of KRW 12% per annum from August 26, 2019 (the day immediately after the delivery of the duplicate of the complaint) to the day of complete payment (the interest rate prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings). The defendant shall be obligated to pay the unjust enrichment calculated at the rate of KRW 70,000 per month which is equivalent to the unpaid rent from February 6, 2019 to the completion date of delivery of the apartment of this case.

The claim of this case is justified, and it is so decided as per Disposition.

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