(영문) 수원지방법원 2020.04.21 2019가단560497

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(영문) 수원지방법원 2020.04.21 2019가단560497

건물명도(인도)

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1. The defendant shall be the plaintiff.

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

B. 6 million won and this shall be March 2020.

Reasons

1. As to the cause of claim

(a) The following facts may be found either in dispute between the parties or in the entries in Gap evidence 1 to 3 (including branch numbers if there are serial numbers), by taking into account the overall purport of the pleadings:

1) The Plaintiff’s real estate indicated in the separate sheet (hereinafter “instant real estate”).

(2) On September 5, 2018, the Plaintiff entered into a lease agreement between the Defendant and the Defendant with the terms that the Plaintiff would lease the instant real estate from September 29, 2018 to September 28, 2020, with the term of lease of KRW 5 million and KRW 600,000 per month (hereinafter “instant lease agreement”).

3) From May 29, 2019, the Defendant did not pay the Plaintiff the rent stipulated in the instant lease agreement. 4) The duplicate of the instant complaint containing the purport that the Plaintiff terminated the instant lease on the grounds of the Defendant’s delinquency in rent was served on the Defendant on October 28, 2019.

B. According to the above facts of determination, the instant lease agreement was lawfully terminated and terminated on October 28, 2019 by the Plaintiff’s notice of termination to the Defendant, and accordingly, the Defendant is obligated to deliver the instant real estate to the Plaintiff upon reinstatement.

In addition, the Defendant is obligated to return the rent that is unpaid to the Plaintiff and the unjust enrichment that is obtained by occupying and using the instant real estate without legal title from October 28, 2019, which is the date of termination of the instant lease contract.

The amount of profit due to the possession and use of an ordinary real estate can be the amount of rent of such real estate. However, the rent after the termination of the lease contract on the real estate in this case may be confirmed as not undermining the monthly rent (600,000 won per month).

Therefore, the Defendant, from May 29, 2019 to March 28, 2020, calculated by adding up 6 million won to the Plaintiff the sum of the amount of unpaid rents or rents from May 29 to March 28, 2020.

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