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(영문) 서울남부지방법원 2016.05.11 2015가단64494
건물인도
Text

The defendant points out of the second floor of the real estate stated in the attached list to the plaintiff each point of the attached Form 3, 4, 5, 6, and 3.

Reasons

Facts of recognition

On January 22, 2014, two persons, including C, etc., leased to the Defendant the portion (B) part (hereinafter “instant real estate”) 212.48 square meters (hereinafter “instant real estate”) in the attached Form Nos. 3, 4, 5, 6, and 3 among the two floors of the real estate listed in the attached Table Nos. 3, 4, 6, and 3, as the lease term from January 22, 2014 to January 22, 2019, the lease deposit amount of KRW 50,000,000, the rent of KRW 5,800,000 (including the subsequent payment and management expenses on May 22, 2015). The Plaintiff succeeded to the status of the said lessor on May 28, 2015.

(hereinafter “instant lease agreement”). The Defendant paid a certain portion of the rent to February 22, 2015, and delayed payment of the rent thereafter, the Plaintiff notified the termination of the instant lease agreement on this ground.

[Ground of recognition] In light of the facts without dispute, Gap evidence No. 1, and the purport of the whole pleadings, the lease agreement of this case was lawfully terminated by the plaintiff's termination notice. Thus, the defendant is obligated to deliver the real estate of this case to the plaintiff and pay the money calculated at the rate of 5,800,000 won per month, which is the amount equivalent to the rent as unjust enrichment or damages from March 22, 2015 to the completion date of delivery of the real estate.

On the other hand, the defendant alleged that he paid the difference after February 22, 2015, but it is not sufficient to recognize only the statement of Eul evidence 1, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.

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