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(영문) 서울남부지방법원 2019.01.08 2018가단247771
명도 등
Text

1. The defendant shall be the plaintiff.

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

B. 1,120,000 won and October 25, 2018

Reasons

Comprehensively taking account of the purport of each statement in Gap evidence Nos. 1 through 4, the Plaintiff’s lease on April 14, 2017, with a lease deposit of KRW 20,000,000, monthly rent of KRW 2,640,000 (including the amount paid on April 24, 201), and the lease period of April 25, 2017 to April 24, 2018. The Defendant paid the above real estate ten minutes, but did not pay the remainder, and it is recognized that the copy of the complaint of this case, stating the Plaintiff’s declaration of intention to terminate the said lease on the grounds of delinquency in rent of two or more occasions, has reached the Defendant on October 4, 2018.

According to the above facts of recognition, the lease contract between the Plaintiff and the Defendant was terminated on October 4, 2018.

As such, the Defendant is obligated to deliver to the Plaintiff the real estate listed in the separate sheet, and to pay the Plaintiff the amount of unjust enrichment equivalent to the rent calculated at the rate of KRW 1,120,000 per month from October 25, 2018 to October 24, 2018, after deducting the deposit for lease, as sought by the Plaintiff, from among the amount of overdue rent or unjust enrichment equivalent to the rent in arrears until October 24, 2018.

Therefore, the plaintiff's claim is reasonable, and it is decided as per Disposition.

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