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(영문) 서울남부지방법원 2018.08.16 2018가단3278
건물명도(인도)
Text

1. The Defendant shall deliver to the Plaintiff the real estate indicated in the attached list, and each month from November 29, 2017 to the completion date of the above delivery.

Reasons

In light of the purport of the entire argument in Gap evidence Nos. 1 through 7, on July 28, 2017, the plaintiff leased real estate listed in the separate sheet (hereinafter "the building of this case") to the defendant as KRW 5 million and KRW 450,000 per month of rent, and delivered it. However, the defendant did not pay rent from November 29, 2017, and there is no counter-proof.

According to the above facts, the above lease contract on the building of this case was lawfully terminated due to the delivery of a copy of the complaint of this case containing the effect that the contract of this case was terminated on the ground of the delinquency in rent.

Therefore, the defendant is obligated to deliver the building of this case to the plaintiff and pay the plaintiff the overdue rent or unjust enrichment equivalent to the rent in arrears calculated by the ratio of KRW 450,00 per month from November 29, 2017 to the completion date of delivery.

Thus, the plaintiff's claim of this case is legitimate, and it is decided to accept it.

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