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(영문) 서울남부지방법원 2017.05.25 2017가단208267 (1)
건물명도(인도)
Text

1. The defendant is against the plaintiffs:

A. The total building No. 1207 of Gangseo-gu Seoul Metropolitan Government No. 1207 is 82.43 square meters.

Reasons

1. In full view of the purport of the entire pleadings in evidence Nos. 1 and 2, the Plaintiffs are ordered between the Defendant and the Defendant on June 10, 2016.

As to the real estate stated in paragraph (1) (hereinafter referred to as “instant real estate”), a lease agreement with the effect that a deposit of KRW 10 million, monthly rent of KRW 1350,000 (excluding value-added tax), KRW 24 months from June 11, 2016, and KRW 24 months from the lessee’s delayed rent may be terminated if the lessee’s delayed rent falls short of the amount of rent for a period of two years, and that the lessor delivered the instant real estate to the Defendant on June 11, 2016, and the Defendant paid the monthly rent for five months from November 10, 2016 and did not pay the subsequent monthly rent thereafter. Meanwhile, it is clear on the record that the instant complaint was served on the Defendant on March 2, 2017.

2. According to the above facts, since the instant lease agreement was lawfully terminated due to the Defendant’s nonperformance, the Defendant is obligated to deliver the instant real estate to the Plaintiff. From November 11, 2016 to the date of the completion of delivery, the Defendant is obligated to pay the Plaintiff the rent or unjust enrichment equivalent to the rent (i.e., KRW 1,350,000, value added tax of KRW 135,000) by the rate of KRW 1,485,00 per month.

3. If so, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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