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(영문) 서울남부지방법원 2018.04.26 2017가단16109
건물명도 등
Text

1. The defendant

(a) deliver an underground floor of 231.08 square meters among the real estate listed in the attached list;

B. On December 31, 2016

Reasons

1. Basic facts

A. On December 15, 2014, the Plaintiff entered into a contract with the Defendant for the lease of KRW 10,000,000 per deposit amounting to KRW 50,000 per month of rent (the value-added tax of KRW 50,000 and the management fee of KRW 30,000 shall be separately paid to the lessor), and the period from January 10, 2015 to January 9, 2017 (hereinafter “instant lease contract”), and delivered the instant store to the Defendant.

B. From December 31, 2016, the Defendant did not pay a rent for the instant store.

C. On May 2017, the Plaintiff notified the Defendant of his/her intention to terminate the instant lease agreement on the grounds of the delinquency in rent.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the facts of the judgment as to the cause of the claim, the instant lease agreement was lawfully terminated by the Defendant’s declaration of intention of termination on the grounds of the Defendant’s delinquency in rent around May 2017.

Therefore, barring any special circumstance, the Defendant is obligated to deliver the instant store to the Plaintiff, and pay the amount calculated by applying the rate of KRW 580,000 per month to the unjust enrichment equivalent to the rent and management expenses from December 31, 2016 to the completion date of delivery of the instant store (i.e., value-added tax, KRW 550,000,000).

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim is reasonable.

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