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Reasons
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(영문) 서울중앙지방법원 2020.08.12 2019가단50794
사무실 등 명도 청구의 소
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1. The defendant shall be the plaintiff.

A. Of the buildings listed in the separate sheet, a 12-story 281.81 square meters wide among the buildings indicated in the separate sheet;

(b) KRW 62,375,280 and April 2019.

Reasons

1. Facts of recognition;

A. On March 1, 2019, the Plaintiff leased the instant building with the monthly rent of KRW 6,00,000 (excluding value-added tax), monthly management expenses of KRW 1,700,000 (excluding value-added tax), electricity charges, and the period of lease set from March 1, 2019 to February 28, 2020 (hereinafter “instant lease agreement”), and thereafter, the Plaintiff handed over the instant building to the Defendant around that time.

B. In the instant lease agreement, the Plaintiff and the Defendant stipulated that the instant lease agreement may be terminated in a case where the Defendant’s delayed delay amounts to the two-term rent. However, the Plaintiff did not pay a total of KRW 62,375,280, such as rent for the six-month period from April 1, 2019 to April 1, 2019, and the Plaintiff filed the instant lawsuit containing an indication of intention to terminate the instant lease agreement on the grounds of delinquency in rent. The instant warden was served on the Defendant on November 13, 2019.

C. The defendant occupies the building of this case.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3 (including virtual number), the purport of the whole pleadings

2. Determination

A. Since the above lease contract was terminated by exercising the Plaintiff’s right to terminate on or around November 13, 2019, the Defendant is obligated to order the Plaintiff to order the instant building.

B. Since the Defendant did not pay to the Plaintiff the agreed rent, etc. from April 1, 2019, the Defendant is obligated to pay the monthly rent and management fee (including each value-added tax) incurred from April 1, 2019 to October 31, 2019, the sum of the monthly rent and management fee (including each value-added tax), electricity fee, etc., and the amount equivalent to KRW 62,375,280 from November 1, 2019 to November 1, 2019, and the amount of monthly rent and management fee (including each value-added tax) or unjust enrichment equivalent to the above amount.

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.

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