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(영문) 서울남부지방법원 2019.04.17 2018가단254359
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. B From May 25, 2018, B.

subsection (b).

Reasons

1. Facts of recognition;

A. On September 14, 2017, the Plaintiff leased (hereinafter “instant lease agreement”) a building listed in the attached list (hereinafter “instant building”) to the Defendant, with the lease term of KRW 30,000,000, monthly rent of KRW 1,700,000, from October 15, 2017 to October 14, 2019.

B. The Defendant did not pay the Plaintiff the instant lease deposit, and the monthly rent was paid a sum of KRW 12,400,000 as indicated below, and did not pay the remainder of the rent.

CD D D D

C. On October 12, 2018, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the ground of the delinquency in rent, and the said notification reached the Defendant on October 15, 2018.

[Ground of recognition] Facts without dispute, described in Gap1 through 4 (including branch numbers for those with a tentative number), the purport of the whole pleadings

2. According to the facts of the above recognition, the instant lease contract was lawfully terminated on October 15, 2018 on the grounds of the Defendant’s delay of rent, and thus, the Defendant is obligated to deliver the instant building to the Plaintiff.

Furthermore, with respect to the scope of overdue rent and unjust enrichment to be paid by the Defendant, it is apparent that the amount of KRW 12,400,000 paid by the Defendant to the Health Board falls within the limit of seven months of the monthly rent of KRW 1,700,000. As such, the Defendant, upon the Plaintiff’s request, is liable to pay to the Plaintiff the overdue rent of KRW 1,70,000 calculated at the rate of KRW 1,70,000 from May 25, 2018 when seven months have elapsed since the date of the instant lease contract to the delivery date of the instant building and return the same amount.

3. In conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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