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(영문) 서울중앙지방법원 2018.11.12 2018가단28257
건물명도 등
Text

1. The defendant shall issue to the plaintiff each point of the attached Form 1, 2, 3, 4, 5, 6, and 1 among the first floor of the building stated in the attached Form.

Reasons

1. Basic facts

A. On January 22, 2015, the Plaintiff: (a) leased a portion of 39.6 square meters in the ship (a) connected in sequence with each point of the attached Form No. 1, 2, 3, 4, 5, 6, and 1 (hereinafter “instant house”); (b) on June 10, 2017, the Plaintiff entered into a sub-lease contract (hereinafter “sub-lease contract”) by setting the deposit amount of KRW 3 million with the Defendant for the instant house from June 20, 2017 to June 19, 2018; and (c) the Defendant received the said house after paying the said deposit to the Plaintiff; and (d) on June 20, 2017, the Defendant’s children were residing in the said house.

B. Article 4 of the instant sub-lease contract provides that “A lessor may immediately terminate this contract when the amount of the rent in arrears of the lessee reaches the amount of the second period of the rent in arrears.” However, the Defendant did not pay the Plaintiff the rent from February 20, 2018.

C. In the instant complaint, the Plaintiff expressed his/her intent to terminate the instant sub-lease contract on the grounds of the delinquency of two or more rents, and the said warden served the Defendant on May 30, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the sub-lease contract of this case was duly terminated on May 30, 2018, on which the complaint of this case, which included the declaration of the termination of the contract on the ground of not less than two years of delinquency in rent, was delivered to the Defendant.

Therefore, barring special circumstances, the defendant is obligated to deliver the house of this case to the plaintiff and to pay unjust enrichment equivalent to overdue rent or rent from February 20, 2018.

3. Judgment on the defendant's defense

A. On March 11, 2018, the Defendant’s assertion regarding the overdue rent or unjust enrichment equivalent to the overdue rent (i.e., overdue rent) began to flow out from the window of the small window of the instant house, and water flows into the dwelling room and is accordingly.

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