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(영문) 서울북부지방법원 2020.10.27 2019가단10795
건물명도 등
Text

The Defendant, as the Plaintiff

(a) deliver the real estate listed in the separate sheet (1);

B. From April 1, 2019, the above-mentioned A

subsection (b).

Reasons

1. Basic facts

A. On or around 2019, the Plaintiff filed a prior lawsuit between the Plaintiff and the Defendant with respect to each of the real estates listed in the separate sheet (1) and (2) in this Court (hereinafter “each of the instant real estates”).

2) On April 8, 2019, a decision in lieu of conciliation as follows was rendered to the Plaintiff and the Defendant on April 8, 2019, and the said decision became final and conclusive at that time.

1. The Defendant shall deliver each of the instant real estate to the Plaintiff by April 30, 2021.

2. From April 30, 2019 to the delivery date of each of the above real estate, the Defendant shall pay to the Plaintiff KRW 1,100,000 each monthly rent for each of the above real estate as at the end of each month.

3. The plaintiff waives the remaining claims.

4. The costs of lawsuit and the costs of mediation shall be borne by each person;

B. The Plaintiff and the Defendant’s lease contract 1 on each of the instant real estate (hereinafter “each of the instant lease agreements”) and each of the instant lease agreements with the Plaintiff and the Defendant, around April 17, 2019, with the lease term from April 1, 2019 to April 30, 2021, with the monthly rent of KRW 1,100,000 without the lease deposit (hereinafter “each of the instant lease agreements”).

(C) The Defendant concluded each of the instant lease agreements with the Plaintiff. (3) After concluding each of the instant lease agreements, the Defendant was unable to pay the Plaintiff the rent under each of the said lease agreements.

2) The Plaintiff filed the instant lawsuit seeking the delivery of each of the instant real estate and the payment of unjust enrichment for the unpaid monthly rent or the unpaid unjust enrichment due to the termination of each of the instant lease agreements and the restoration of the original state, and the instant warden reached the Defendant on or around December 30, 2019. [Grounds for Recognition] There is no dispute, and Party A’s evidence Nos. 1 through 4 (including each number, if any, if any), and the purport of the entire pleadings.

2. According to the facts of the above recognition, each of the instant lease agreements between the Plaintiff and the Defendant with respect to each of the instant real estate.

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