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(영문) 서울서부지방법원 2019.11.13 2019가단8774
건물명도(인도)
Text

1. The defendant is against the plaintiff (appointed party) and the appointed party C:

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

(b) 19,600.

Reasons

Comprehensively taking account of the overall purport of arguments as indicated in the evidence Nos. 1 through 3 and evidence Nos. 4-1 and 2, the Plaintiff (Appointed Party) and the Selection Party C (hereinafter “Plaintiffs, etc.”) may terminate the lease agreement with the Defendant on February 1, 2019 (hereinafter “instant real estate”) by setting the lease deposit amount of KRW 50,00,000, monthly rent of KRW 4,000 (excluding value-added tax, the first and second payment each month), management expenses, KRW 50,00 (the second payment each month), and the lease period of KRW 15,00 from February 1, 2019 to January 31, 201, and it is recognized that the Defendant may terminate the lease agreement with the Defendant on the ground that the lease agreement may be terminated (hereinafter “instant real estate”) and that the Defendant may not receive any overdue payment from the Defendant to the Defendant for the reason that the lease agreement would have been terminated (hereinafter “the instant real estate”).

According to the above facts, since the lease contract of this case was terminated on May 17, 2019, the defendant is obligated to deliver the real estate of this case to the plaintiff (appointed party) and to pay the amount calculated by applying the ratio of KRW 4,900,000 to monthly rent (including unjust enrichment equivalent to rent after termination) and management expenses from February 1, 2019 to May 31, 2019 (including unjust enrichment equivalent to rent after termination) and management expenses (= 17,600,000 won (4,400,000 x 4 months)) and 2,000,000,000 won (5,000 x 4 months) (4 months) from June 1, 2019 to the completion date of delivery of the real estate of this case).

Therefore, the plaintiff's claim of this case is reasonable, and it is decided as per Disposition by admitting it.

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