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(영문) 서울북부지방법원 2020.05.14 2019가단149518
건물인도
Text

1. The defendant from March 9, 2020 to the completion date of the delivery of real estate stated in the separate sheet from 11,000,000 won by the plaintiffs.

Reasons

1. According to the overall purport of Gap evidence Nos. 1 and 5 as to the cause of the claim, the plaintiffs entered into a lease agreement with the defendant on April 9, 2019 with regard to the above store (hereinafter referred to as "the lease agreement of this case") with the owner of real estate listed in the separate sheet (hereinafter referred to as "the store of this case"). ② The defendant paid the above lease deposit amount of KRW 30 million to the defendant on April 9, 2019, the lease agreement between the defendant and the defendant on April 29, 2019 with regard to the above store (hereinafter referred to as "the lease agreement of this case"). ② The defendant was delivered the above lease contract of this case from the plaintiffs on April 9, 2019, and possessed and used the above store from that time to the date of closing the argument of this case; ③ The defendant demanded the defendant to pay the above lease agreement of 30 million won or more on April 29, 2019 to the defendant.

According to the above facts, the lease contract of this case was lawfully terminated by the notification of termination of the plaintiffs on September 23, 2019, and the lease deposit was secured by the lessor's all obligations, and the remainder after deducting all the obligations of the lessee from the lease deposit during the lessor's obligation to return the lease deposit and the obligation to return the object of the lessee is jointly performed. Thus, barring any special circumstance, the defendant, the lessee, is the lessee, from May 9, 2019 to March 8, 2020, out of the lease deposit of 30 million won under the lease contract of this case, and the amount of delayed rent of 19 million won and the amount of unjust enrichment of 19 million won (i.e., the rent of 1.9 million won x 10 months x 10 months x 10 months) remaining after deducting the lease deposit of this case from the lease deposit of this case from March 9, 202.

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