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(영문) 서울남부지방법원 2018.10.17 2018가단5380
건물명도(인도) 등
Text

1. The defendant delivers to the plaintiff the building indicated in the attached list, and the above building shall be from 540,000 won and December 10, 2017.

Reasons

1. Facts of recognition;

A. On November 1, 2016, the Plaintiff determined as KRW 10,00,00 for a building listed in the separate sheet to the Defendant as KRW 24 months from November 10, 2016; and KRW 1,000,00 for a monthly rent of KRW 1,000 for a period of November 10, 2016. The Plaintiff agreed to increase the rent from April 2017 to KRW 100 for a rent of KRW 70,000 for a monthly management fee and the rent of KRW 70,00 for a period of KRW 10 on the 10th of each month.

B. The Defendant did not pay KRW 540,000 as of December 9, 2017 (i.e., KRW 1,280,000 - 740,000) and KRW 15,660,000 as of December 10, 2017, following the delay in the possession of the above building from time to time, and the payment of KRW 15,660,00 in an irregular manner.

C. The Plaintiff expressed his/her intent to terminate the instant lease agreement on the ground that the instant lease agreement was terminated on the grounds of more than two years of delay by serving the duplicate of the complaint in the instant case.

[Ground of recognition] Unsatisfy, Gap evidence 1 and 2

2. According to the above facts of recognition, since the lease contract of this case was terminated by being served on the Defendant on April 2, 2018, a copy of the complaint of this case, stating the Plaintiff’s declaration of intention to terminate the contract on the grounds of delinquency in rent two or more occasions, the Defendant is obligated to deliver to the Plaintiff the building indicated in the attached list as restitution following termination of the contract, and pay to the Plaintiff unjust enrichment at the rate of KRW 1,280,000 per month from December 10, 2017 to December 10, 2017 and from December 10, 2017.

3. The plaintiff's claim is justified, and this is accepted.

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