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(영문) 서울서부지방법원 2015.05.08 2015가단1676
건물명도등
Text

1. The defendant is against the plaintiffs:

(a) deliver an underground room of 262.08 square meters among the real estate listed in the attached list;

(b) January 1, 2015

Reasons

1. The facts of recognition: (a) around March 1, 2012, the Plaintiffs leased a lease deposit of KRW 10 million, monthly rent of KRW 990,000,000 (including value-added tax), the last day of the month of payment of rent, the last day of the month of payment of rent, February 28, 2013 (hereinafter “instant lease contract”); (b) around that time, the Defendant moved into the building of this case and used it as a store for several months and delayed payment of rent until the last day of December 2014; and (c) on December 29, 2014, the Plaintiffs informed the Defendant of the termination of the lease contract on the grounds of the delinquency in payment of rent; and (d) on December 31, 2014, the Defendant notified the Defendant of the termination of the lease contract on December 31, 2014.

2. According to the facts of the above recognition, the instant lease agreement is deemed to have been lawfully terminated on or around March 31, 2014 according to the plaintiffs' declaration of termination. Thus, the defendant is obligated to deliver the instant building to the plaintiffs, and pay 90,000 won per month for unjust enrichment equivalent to the rent for the instant building from January 1, 2015 following the termination date of the lease agreement to the completion date of delivery of the instant building, and to pay 2,0520,000 won per annum from January 1, 2015 to May 8, 2015, which is the date of this decision, and to pay damages for delay at each rate of 20% per annum as stipulated in the Civil Act from the next day to the date of complete payment.

3. In conclusion, it is decided as per Disposition by admitting the plaintiffs' claims on the grounds of its merit.

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