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(영문) 서울동부지방법원 2020.08.28 2020가단103864
건물인도
Text

1. The defendant is against the plaintiffs:

(a) Description 1, 2, 3, 4, 5, 6, 7, 8, 9, 9, 9, among the five floors of the real estate listed in the separate sheet.

Reasons

1. Basic facts

A. On May 23, 2019, the Plaintiffs were ordered by the Plaintiff to the Defendant on May 23, 2019.

A lease contract (hereinafter “instant lease contract”) was concluded between June 2019 and March 2020 with a lease deposit of KRW 50 million, monthly rent of KRW 4,200,000 (excluding value-added tax; hereinafter the same shall apply), from April 2020 to May 2021, 2021, with a lease deposit of KRW 4,30,000 (Provided, That the additional lease deposit of KRW 20,000 shall be KRW 4,50,000,000), management expenses monthly, and the period from June 1, 2019 to May 31, 2021.

Article 19 (1) of the instant contract provides, “The lessor may immediately terminate the instant contract without a peremptory notice when the lessee fails to pay the rent and the expenses for the lease for at least two months from the due date of payment.”

B. The Defendant paid the Plaintiffs a rent of KRW 50 million and monthly rent and management expenses from June 2019 to September 2019. Since the conclusion of the instant lease agreement, the Defendant used and profit from the instant real estate until now.

C. The Plaintiffs were not the Defendant’s failure to pay the rent from October 2019. On January 30, 2020, the Plaintiffs filed the instant lawsuit against the Defendant for termination of the instant lease agreement and for return of unjust enrichment equivalent to the delivery, rent, or rent of the said real estate on the grounds of the Defendant’s non-payment of the fourth rent. The duplicate of the instant complaint, including the declaration of termination of the instant lease agreement, reached the Defendant on April 2, 2020.

[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings

2. According to the facts of the above recognition, the instant lease contract was lawfully terminated on April 2, 2020 by the plaintiffs' declaration of termination of the lease contract on the grounds of the defendant's non-payment in the fourth period of arrears.

Therefore, as the instant lease contract is terminated upon termination, the Defendant is obligated to deliver the instant real estate to the Plaintiffs.

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