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(영문) 서울중앙지방법원 2015.04.24 2014가단134178
건물명도
Text

1. The defendant against the plaintiffs

(a) deliver the buildings listed in the annex;

B. From February 13, 2015, 7,590,820 won and the above A.

(b).

Reasons

1. Determination as to the cause of claim

A. 1) On May 31, 2013, the Plaintiffs are buildings listed in the separate sheet (hereinafter “instant leased objects”) to the Defendant on May 31, 2013.

A) A deposit was leased KRW 5 million, monthly rent of KRW 800,000 (excluding management expenses), and the term of lease was from June 14, 2013 to June 13, 2014. 2) The Defendant delayed the rent of KRW 4 months from January 2014.

Accordingly, the Plaintiffs terminated the said lease agreement on April 22, 2014 on the ground that the said lease was overdue due to the content certification of the said lease.

3) On June 27, 2014, the Defendant paid 4 million won to the Plaintiffs due to overdue rent, etc., but thereafter, the Defendant continues to occupy and use the leased object of this case under the condition that the Plaintiff did not pay 7,590,820 won as of February 12, 2015 due to the overdue rent, etc. (the grounds for recognition) and thereafter, the Defendant continued to occupy and use the leased object of this case. [The grounds for recognition] without dispute, and each entry in the evidence A of subparagraphs A1 through 7 (including

B. According to the above facts, since the above lease contract was lawfully terminated due to the Defendant’s delinquency in payment of rent, the Defendant is obligated to deliver the leased object of this case to the Plaintiff and pay the Plaintiff unjust enrichment calculated by the ratio of KRW 7,590,820 in total, including overdue rent, and KRW 800,000 in monthly rent from February 13, 2015 to the completion date of delivery.

2. The plaintiff's claim of this case seeking the fulfillment of the above obligation is reasonable, and it is so decided as per Disposition by admitting it.

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