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(영문) 의정부지방법원 2020.07.24 2019가단137853
건물인도
Text

1. The defendant

A. Of the real estate 2 stories 1322.46 square meters listed in the attached list, indication 1, 2, 3, 4, 1 of the attached list shall be as follows.

Reasons

1.The following facts of recognition do not conflict between the parties or may be admitted by each entry in Gap evidence 1 to 3 (including paper numbers):

On August 24, 2017, the Plaintiff delegated all of the lease and all of the matters from D and 36 owners of the real estate listed in the separate sheet, and concluded a lease agreement with the Defendant on August 24, 2017, with respect to the portion of “mutual name C” (hereinafter “the instant building”) that connects each of the items in the separate sheet No. 1, 2, 3, 4, and 1 in the name of the Plaintiff among the 2nd floor 132.46 square meters of the said real estate in the name of the Plaintiff.

(hereinafter “instant lease agreement”). B.

Examining the contents of the instant lease agreement, the term of the contract shall be five years from August 24, 2017 to October 24, 2022, the term of the contract shall be from October 24, 2017, the lease deposit shall be KRW 50 million for the lease deposit, and the monthly rent shall be paid KRW 6 million for the late payment of the 24th day of each month, and the management fee shall be paid.

C. Under the agreement between the Plaintiff and the Defendant, the monthly rent from November 2017 to October 2018 was reduced by 5 million won (excluding surtax). D.

The defendant paid KRW 28 million, including the monthly rent of KRW 5.5 million for 4 months from January 2018 to April 201, plus KRW 6 million for the monthly rent of KRW 22 million on January 2020, as well as the management expenses for KRW 32,344,298, total amount of KRW 60,344,298,298, and total amount of KRW 298,000,000,000,000 for 13 months from March 2019 to May 2020.

E. On September 10, 2019, the Plaintiff expressed to the Defendant that the instant lease agreement will be terminated.

2. Determination

A. According to the above facts, the defendant is obligated to deliver the building of this case to the plaintiff and return the amount of overdue rent and unjust enrichment from the date of the completion of delivery of the building of this case.

B. Examining the evidence submitted by the Plaintiff on the health account of overdue rent and overdue charge, the fact that the amount of KRW 60,344,298 is overdue can be acknowledged as alleged by the Plaintiff. Here, when deducting KRW 50 million from the amount of KRW 50,000,000, the amount of KRW 10,344,298 will remain.

Therefore, it is true.

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