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(영문) 수원지방법원성남지원 2020.05.27 2019가단227878
건물명도(인도)
Text

1. The defendant

(a) deliver the second floor of 482.16 square meters among the buildings listed in the attached list;

B. From March 1, 2020, above.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 and 5 as to the cause of the claim, the plaintiff, on July 30, 2018, ordered the defendant to pay the rent of KRW 35 million for lease deposit, KRW 35 million for rent, KRW 3.5 million for rent, and KRW 35 million for rent from August 31, 2018 to August 31, 2020 for lease (hereinafter “the lease contract in this case”). The defendant delayed to pay the rent of KRW 33,00 for the cost of fire-fighting management and septic tank use from May 2019. The plaintiff sent to the defendant a certificate of intention to terminate the lease contract in this case on the ground that the lease contract in this case was lawfully terminated on August 19, 2019.

Therefore, the Defendant delivered the instant real estate to the Plaintiff, and the Plaintiff is obligated to pay the remainder after deducting the amount of KRW 35,000,000 from the lease deposit that the Plaintiff declared to be deducted from the unpaid rent or unjust enrichment from May 1, 2019 to February 29, 202, the cost of fire-fighting management and purification tanks (=38,830,000 won per month = 3,883,800 won added to the rent of KRW 350,000 and KRW 33,000 for fire-fighting management and septic tanks) from the amount remaining after deducting the amount of KRW 3,830,00,000 from the amount of unjust enrichment from March 1, 202 to the completion date of delivery of the said real estate, as sought by the Plaintiff.

2. If so, the plaintiff's claim of this case is justified.

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