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(영문) 서울북부지방법원 2020.05.14 2019가단143114
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) Of the buildings listed in the separate sheet, each point of Annex A, B, C, D, and A is indicated in the separate sheet.

Reasons

1. According to the overall purport of evidence Nos. 1 through 4 of the judgment as to the cause of the claim, the Plaintiff entered into a lease agreement with the Defendant on April 25, 2018 on the second floor C (hereinafter “instant house”) with respect to the building in the attached list owned by the Plaintiff on the following occasions: (a) the Plaintiff entered into the lease agreement with the Defendant on April 25, 2018, stating “30 million won for lease deposit, KRW 30 million for rent, KRW 30 million for rent, and KRW 20,000 for rent, and KRW 20,000 for rent, from June 30, 2018 to June 29, 2020 for the following reasons: (b) the Defendant received from the Plaintiff a delivery of the instant house from the Plaintiff on June 30, 2018 to the date of closing the argument; and (c) the Plaintiff did not pay the above lease agreement to the Defendant on the grounds that it had resided in the instant house from the date of closing of argument;

According to the above facts, the lease contract of this case was lawfully terminated by the plaintiff's notice of termination against the defendant.

As such, the Defendant, a lessee, is obligated to deliver the instant housing subject to the said lease to the Plaintiff as the lessor, and pay the unjust enrichment calculated by the rate of KRW 320,000 per month from October 1, 2019 to the date of delivery of the said housing from the date of termination of the said lease.

In the last part of the cause of the Plaintiff’s claim, the Plaintiff stated that “the Plaintiff shall seek the delivery of the instant house at the same time with the repayment of the remainder after deducting the unpaid rent, etc. from the lease deposit obligation against the Defendant,” but the claim of the said complaint is stated as a simple claim for performance, and the Defendant also.

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