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(영문) 서울중앙지방법원 2020.01.22 2019가단5200136
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The defendant shall pay the following money to the plaintiff:

Reasons

1. Facts of recognition;

A. On March 13, 2019, the Plaintiff entered into a lease agreement with the Defendant on the attached real estate (hereinafter “instant real estate”) with regard to the lease deposit of KRW 30,000,000, and the period from March 18, 2019 to March 17, 2021 (hereinafter “instant lease agreement”).

B. The Defendant occupied the instant real estate on March 18, 2019, and paid the monthly rent on March 18, 2019, and did not pay that other automobiles.

C. The Plaintiff notified the Defendant of his intention to terminate the instant lease agreement by serving a copy of the complaint of this case on the ground that the overdue charge amounted to five years, and the Defendant currently occupied and used the instant real estate.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Determination

A. According to the above facts, since the lease contract of this case was lawfully terminated, the defendant is obligated to deliver the real estate of this case to the plaintiff and return the overdue rent to the plaintiff until the termination of the lease due to the termination, and to return the rent equivalent to the rent due to the possession and use of the real estate of this case from the next day until the completion of the lease.

B. We examine the amount of the overdue rent and the amount of unjust enrichment equivalent to the overdue rent.

(2) From September 10, 2019 to November 18, 2019 to KRW 30,707,965 = 20,390,322 won in arrears from April 18, 2019 to September 9, 2019: (i) 4,30,000 won x 4,300,000 won x 23/31); (ii) The Defendant is equivalent to 12% damages for delay from September 10, 2019 to November 18, 2019 to KRW 12% per annum (=20,390,322 x 102 x 10/100 x 70/1065 x 30/1065 x 30/1080 x 1984).

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