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(영문) 서울동부지방법원 2020.11.13 2020가단114932
건물인도
Text

1. The defendant shall be the plaintiff.

(a) deliver the fourth floor of 151.44 square meters among the buildings listed in the attached list;

B. From October 10, 2019, the foregoing.

Reasons

1. On February 10, 2016, the Plaintiff leased the instant lease contract of 20 million won on the fourth floor of 151.44 square meters of the building listed in the attached Table (hereinafter “instant building”) to the Defendant on or before February 10, 2016, with the lease deposit of 20 million won, monthly rent of 2 million won, the period from February 10, 2016 to December 9, 2017 (hereinafter “instant lease contract”). Since then, the instant lease contract was explicitly renewed, but the Defendant did not pay the rent from December 10, 2018. Accordingly, on or around February 3 and 21, 2020, the Plaintiff sent to the Defendant a mail certifying the contents that the instant lease contract was terminated on the grounds of the delinquency in payment in arrears, or on or around that day, the Plaintiff did not dispute between the parties and each party, and the purport of the entire set forth in subparagraphs 2 through 4 (including evidence number).

According to the above facts, the lease contract of this case was lawfully terminated by the Plaintiff’s declaration of termination due to the Defendant’s delayed delay.

Therefore, the defendant is obligated to deliver the building of this case to the plaintiff, and to pay the rent of 2 million won per month from October 10, 2019 to October 9, 2019 (the rent of the plaintiff from December 10, 2018 to October 9, 2019 was appropriated as the lease deposit amount of 20 million won) or unjust enrichment equivalent to the rent.

2. The plaintiff's claim is accepted on the ground of its reasoning.

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