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(영문) 서울중앙지방법원 2019.12.11 2019가단5112765
건물명도(인도)
Text

1. The defendant

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

B. From August 23, 2019, KRW 6,100,00 and the above.

Reasons

Comprehensively taking account of the purport of the arguments in the evidence Nos. 1 through 7 as a whole, the Plaintiff’s lease deposit amounting to KRW 10,00,00,000, monthly rent of KRW 1,400,000 (the 22th day of each month of payment), and from March 22, 2018 to March 21, 2020 on March 16, 2018; where the payment of rent is delayed for more than three (3) years, the Plaintiff may immediately terminate the lease contract (hereinafter “the lease contract in this case”); the Plaintiff continued to use and benefit from the instant real estate possession after the Defendant commenced the lease contract in this case, based on the fact that the Plaintiff sent the instant lease contract in arrears to the Defendant on December 24, 2018 without paying three (3) years or more.

According to the above facts, the instant lease contract was terminated on December 26, 2018. Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff and pay damages or unjust enrichment equivalent to the rent after the termination.

According to the purport of the statement and arguments as to the above amount, Gap evidence No. 8, the defendant paid the plaintiff KRW 5,100,000 over six times from December 31, 2018 to February 21, 2019, and paid part of the rent in arrears after paying KRW 5,00,000 on August 6, 2019. Thus, the defendant's total amount of the rent in arrears as of August 22, 2019 (=6,100,000 won from May 5, 200, 1,400,000 won from May 1, 200, and 1,40,000 won from June 1, 200, 1,400, 1,400, 1,400,000 won from August 1, 200 to 20, 209 to 3,2019.

Plaintiff’s instant case.

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