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(영문) 서울중앙지방법원 2016.03.18 2015가단169492
건물인도 등
Text

1. The defendant is against the plaintiffs:

(a) Of the six floors of the building listed in the attached Form 1, 2, 3, 4, 5, 6, 7, 8, and 1 of the attached Form 1.

Reasons

1. Facts of recognition;

A. On May 12, 2015, the Plaintiffs: (a) successively connected the Defendant with each point in the attached Form 1, 2, 3, 4, 5, 6, 7, 8, and 1 among the six floors of the building indicated in the attached Form 6, the lease deposit was KRW 40 million in terms of the lease deposit; (b) KRW 275,00 in monthly rent; (c) KRW 1,725,00 in terms of the management and maintenance expenses; and (d) the lease period was determined from June 1, 2015 to May 31, 2017.

B. However, from July 1, 2015, the Defendant delayed payment of the monthly rent of KRW 4 million, and the Plaintiffs expressed their intent to terminate the instant lease agreement to the Defendant around September 4, 2015.

【Ground for Recognition: Each entry in the evidence of subparagraphs 1 through 3-2, and the purport of the whole pleadings】

2. According to the facts of the above recognition, the instant lease agreement is deemed to have been lawfully terminated and terminated by the Plaintiffs’ declaration of termination due to the Defendant’s declaration of termination on the grounds of delinquency in rent. Therefore, the Defendant is obligated to pay to the Plaintiffs a reasonable amount of unjust enrichment, such as rent and rent, calculated by the ratio of KRW 4 million per month from July 1, 2015 to the completion date of delivery of the instant building ( KRW 2,275,000, KRW 1,725,000 per month).

3. In conclusion, the plaintiffs' claim of this case is justified and it is so decided as per Disposition.

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