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(영문) 서울북부지방법원 2020.08.20 2019가단146274
건물명도(인도)
Text

The Defendant, as the Plaintiff

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

B. From August 6, 2019, the delivery of the above building.

Reasons

1. Facts of recognition;

A. On January 19, 2017, the Plaintiff entered into a lease agreement with the Defendant and the Plaintiff on the attached list owned by the Plaintiff (hereinafter “instant building”) with respect to the lease deposit amounting to KRW 5,000,000, KRW 650,000 per month (the later payment on January 21), and the term of lease from January 21, 2017 to January 20, 2018 (hereinafter “instant lease agreement”).

B. On May 8, 2019, the Defendant failed to pay the Plaintiff the rent, and thus, the delayed amount reaches the two-term rent. On August 5, 2019, the Plaintiff notified the Defendant of the termination of the lease contract on the ground of the overdue rent.

C. On September 6, 2019, the Plaintiff filed an application with the Defendant for provisional disposition against the prohibition of possession or transfer of the instant building by the court 2019Kadan22729, and received the provisional disposition on September 20, 2019.

The defendant has occupied and used the building of this case until now.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. According to the facts found above, the instant lease contract was terminated on August 5, 2019 on the grounds of the Defendant’s delinquency in rent, and thus, the Defendant is obligated to deliver the instant building to the Plaintiff.

From August 6, 2019 on the day following the termination date of the instant lease agreement, the Defendant obtained the benefits of use by occupying and using the instant building from August 6, 2019, and thereby causes damages equivalent to the same amount to the Plaintiff as the lessor. Therefore, the Defendant is obligated to return this to the Plaintiff with unjust enrichment.

In ordinary cases, the amount of profit from the possession and use of real estate is equivalent to the rent for that real estate. Since it is confirmed that the amount equivalent to the rent after the termination of the instant lease contract is 650,000 won per month, which is the rent at the time of termination, the Defendant is 650,000 won per month from August 6, 2019 to the completion date of delivery of the instant building.

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