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(영문) 수원지방법원안산지원 2019.09.25 2019가단52075
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

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

(b) From January 1, 2019 to A.

subsection (b).

Reasons

On October 1, 2004, the Plaintiff sent the instant commercial building to the Defendant by October 31, 2018, on which the lease deposit amount is KRW 20 million, monthly rent is KRW 90,000,000 (including value-added tax), and the lease period is from November 1, 2004 to October 31, 2006 (hereinafter “instant lease contract”). The instant lease contract was delivered to the Defendant around that time. The instant lease contract was explicitly renewed even after the expiration of the lease period. Since the Defendant was in arrears of three or more periods, the Plaintiff sent the instant commercial building to the Defendant on September 13, 2018, which is the expiration of the renewed lease period, which is the date of termination of the lease contract period, and it is recognized that there was no dispute between the parties or the entire number of the parties concerned, including each of the parties concerned.

Therefore, inasmuch as the instant lease agreement was terminated as the rent in arrears, the Defendant is obligated to deliver the instant commercial building to the Plaintiff and pay the Plaintiff the amount of unjust enrichment equivalent to the rent of KRW 90,000 per month from January 1, 2019 to the completion date of the instant commercial building delivery, as sought by the Plaintiff.

Therefore, the plaintiff's claim is justified, and it is so decided as per Disposition.

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