(영문) 의정부지방법원고양지원 2020.09.10 2020가단80826

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(영문) 의정부지방법원고양지원 2020.09.10 2020가단80826

건물인도

Text

1. The defendant is against the plaintiffs:

A. Of the building 147.51 square meters on the second floor in the attached list, indication 2, 3, 14, 15, and 2 of the attached list.

Reasons

1. Basic facts

A. On November 22, 2010, Plaintiff B and D entered into a lease agreement with the Defendant on a deposit of 2,00,000 won, monthly rent of KRW 3,80,000,00,000,000 for general management expenses (the five-month payment), and delivered the instant real estate to the Defendant on December 5, 201 of the same year, and upon the death of Plaintiff A succeeded to the lessor’s status by inheritance of D’s share.

B. The Defendant did not pay rent and management expenses from February 2019 to the agreed date, and did not pay 2.2 million won from March 11, 2020 to the time of filing the instant lawsuit.

C. Accordingly, the Plaintiff expressed his/her intent to terminate the instant lease agreement by serving a duplicate of the instant complaint on the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. We examine the judgment, the lease contract of this case was terminated by the plaintiff's notice of termination of the lease contract due to the plaintiff's overdue delay, the fact that the defendant's overdue delay was 2.2 million won as of April 4, 2020, and the fact that the amount of unjust enrichment equivalent to the monthly rent of the real estate of this case was 40,000 won as of April 4, 2020 is not a dispute between the parties. Thus, the defendant delivers the real estate of this case to the plaintiff, and the defendant pays damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 9, 2020 to the day of complete payment as requested by the plaintiff. The defendant is obligated to pay from April 5, 2020 to the day of delivery of the real estate of this case with the interest of 400,000 won per month or unjust enrichment.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.

참조조문

-소송촉진 등에 관한 특례법

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