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(영문) 서울동부지방법원 2020.11.03 2020가단8921
건물인도
Text

The Defendant

(a) deliver the buildings listed in the separate sheet;

B. From May 1, 2020 to A.

a building described in the subsection.

Reasons

On April 19, 2019, the Plaintiff: (a) purchased a building listed in the attached list as KRW 20 million; (b) from May 30, 2019 to May 29, 2021; (c) from May 30, 2019 to May 29, 2021; (d) determined and leased KRW 1870,000 per month; (b) the Defendant did not pay rent and management expenses for February, 2020; (c) notified the Defendant of the termination of the contract on May 22, 2020; and (d) the Defendant paid the rent and management expenses for the period of three (3) years to the Plaintiff on July 13, 2020; or (d) concluded that the Plaintiff paid the rent and management expenses to the Plaintiff on July 13, 2020, by comprehensively taking account of the following: (e) evidence A, and evidence A; and (e) the purport and purport of the entire pleadings.

According to the above facts, it is reasonable to view that the above lease contract between the plaintiff and the defendant was lawfully terminated as the plaintiff's declaration of termination on May 22, 2020 due to the delinquency in payment of rent reached the defendant around that time, and it cannot be viewed that the defendant paid the overdue rent after the termination of the contract.

Therefore, the Defendant is obligated to deliver to the Plaintiff the building indicated in the attached list, and is obligated to pay the Plaintiff the rent or unjust enrichment equivalent to the rent, calculated by the ratio of KRW 2,420,000 per month from May 1, 2020 to the completion date of delivery of the above building (= KRW 5,000,000).

If so, the plaintiff's claim is reasonable and acceptable.

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