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(영문) 수원지방법원 성남지원 2018.12.18 2018가단222180
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

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

B. From 26,43,510 won and June 1, 2018, the same shall apply.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the real estate indicated in the separate sheet (hereinafter “instant real estate”).

B. On January 1, 2016, the Plaintiff entered into a lease agreement with the Defendant with the terms of KRW 75 million, monthly rent of KRW 4 million (excluding value-added tax), and the period of December 31, 2016, regarding the instant real estate.

C. After that, on February 1, 2018, the Plaintiff entered into a lease agreement again (hereinafter “instant lease agreement”) by changing the lease deposit between the Defendant and the Defendant by January 31, 2019, the period of KRW 40 million (excluding value-added tax) and KRW 3.2 million (excluding value-added tax), and the period thereof by January 31, 2019.

From December 2, 2017 to May 2018, the Defendant did not pay to the Plaintiff the sum of KRW 26,433,510, including rent, management fee, etc., and the Plaintiff notified the Defendant of his intent to terminate the instant lease agreement on April 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. According to the facts of the above recognition, the instant lease was terminated.

As such, the Defendant is obligated to deliver the instant real estate to the Plaintiff and pay the amount calculated by applying the rate of KRW 3,520,000 per month to the return of unjust enrichment equivalent to the rent from June 1, 2018 to June 1, 2018.

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.

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