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(영문) 청주지방법원제천지원 2020.02.12 2019가단2021
건물인도 등
Text

1. The defendant shall be the plaintiff.

(a) Of the buildings listed in the attached Table 1 list, each point of Attached Form 4, 5, 6, 7, 8, and 4.

Reasons

1. Basic facts

A. On November 22, 2018, the Plaintiff, among the buildings listed in the attached Table 1 list, leased part (C) of 150.49 square meters connected in sequence to the Defendant as “50,00,000 won for lease deposit, KRW 2,970,00 for the rent month, KRW 100,00 for management expenses, and KRW 100,000 for the lease period from November 22, 2018 to November 22, 202020”

The above part (hereinafter referred to as the “instant building”) is referred to as the “instant building,” and the above lease is referred to as the “instant lease”). The Plaintiff transferred the instant building to the Defendant around that time.

B. Until October 31, 2019, the Plaintiff was not paid KRW 24,560,000 among the rent and management expenses incurred under the lease of this case by the Defendant.

C. As of the closing date of pleadings of the instant case, the Defendant occupied and used the instant building.

The Plaintiff terminated the lease of this case by serving a copy of the complaint of this case on the grounds of the Defendant’s delinquency in rent.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 3 (including each number number), the purport of the whole pleadings

2. According to the above facts of recognition, since the lease of this case was lawfully terminated due to the defendant's delinquency in payment of rent, the defendant is obligated to deliver the building of this case to the plaintiff and pay the plaintiff the amount of the rent and the management fee that are not paid until October 31, 2019, the total amount of 24,560,000 won and the delay damages calculated at the rate of 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from February 12, 2020, which is the date of this decision, to the date of repayment after the due date, as requested by the plaintiff, and to pay the amount of unjust enrichment equivalent to the rent and the management fee that are calculated at the rate of 3,070,000 won per month from November 1, 2019 to the date of delivery of the building of this case.

3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.

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