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(영문) 서울동부지방법원 2019.07.18 2019가단1887
건물명도(인도)
Text

1. The defendant is against the plaintiffs:

(a) Of the real estate listed in the separate sheet, the Attached Map 1, 2, 3, 4 and 1.

Reasons

1. Basic facts

A. On March 2, 2013, the Plaintiffs entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 5,00,000, monthly rent of KRW 300,00, and the lease period from April 6, 2013 to April 5, 2015 (hereinafter “instant lease agreement”) with regard to the portion of KRW 30,00 square meters in the ship (a) connected each point of the attached table 1, 2, 3, 4, 1, and 30,000 square meters in sequence with the Defendant among the real estate listed in the attached list owned by the Plaintiffs (hereinafter “instant lease agreement”), and the Defendant thereafter occupied the instant real estate by delivery until now.

B. The Defendant did not pay monthly rent from May 6, 2018.

C. The Plaintiff terminated the instant lease contract by serving a duplicate of the complaint of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the facts of the above recognition, the instant lease agreement was lawfully terminated on February 15, 2019, which was the date of delivery of a copy of the complaint of this case, according to the plaintiffs' declaration of termination on the grounds of the defendant's non-performance of the obligation to pay the rental fees.

Therefore, barring special circumstances, the Defendant is obligated to deliver the instant real estate to the Plaintiffs, and to return unjust enrichment equivalent to the rent calculated at the rate of KRW 300,000 per month from May 6, 2018 to the completion date of delivery of the instant real estate.

3. According to the conclusion, the plaintiffs' claim of this case shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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