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(영문) 서울서부지방법원 2020.09.15 2020가단3744
건물명도 등
Text

The defendant shall deliver to the plaintiff the buildings listed in the attached sheet.

The defendant shall pay to the plaintiff KRW 7,926,30 and March 11, 2020.

Reasons

1. Determination as to the cause of claim

A. According to the purport of the evidence No. 1-4 and the argument as to February 27, 2019, the Plaintiff: (a) determined the building listed in the attached Table No. 10,000,000, monthly rent of KRW 190,000, and the lease period of KRW 100,000, and March 11, 2019 through March 10, 2021, the Plaintiff leased (hereinafter “instant lease”) to the Defendant (hereinafter “instant lease”) on the following grounds: (b) the Defendant was in arrears of two or more vehicles; (c) the Defendant sent to the Defendant a document verifying the content that the instant lease was terminated and appropriated for unpaid rents on the ground of the delayed rent of at least two occasions on March 16, 202; (d) the sum of the rent and management fees that the Defendant paid to the Plaintiff by March 10, 200, KRW 7,926,300, KRW 360,360,3600.

B. According to the above facts, since the lease contract of this case was lawfully terminated, the defendant is obligated to deliver the plaintiff the building listed in the attached list to the plaintiff, and the defendant is obligated to pay to the plaintiff the amount calculated at the rate of KRW 1,900,000 per month from March 11, 2020 to the completion date of delivery of the attached list base building and the unjust enrichment of KRW 7,926,300 per month from March 11, 202 to the date of delivery of the attached list base building.

2. According to the conclusion, the plaintiff's claim of this case shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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