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(영문) 서울중앙지방법원 2020.06.09 2019가단5184821 (1)
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

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

(b) 24,711,439 Won and its corresponding 20.20

Reasons

1. Facts of recognition;

A. On March 3, 2019, the Plaintiff leased real estate listed in the attached list (hereinafter “instant apartment”) to the Defendant with deposit KRW 50,00,000, monthly rent KRW 4,200,000, and the lease period from April 6, 2019 to April 5, 2021 (hereinafter “instant lease”).

B. The Defendant did not pay any balance of KRW 10,000,000 among the deposit, and did not pay the rent from June 2019 to August 2019.

C. On August 7, 2019, the Plaintiff notified the Defendant of the termination of the instant lease on the grounds of the unpaid deposit and the delinquency in payment of rent 3 years.

On October 7, 2019, the Defendant paid KRW 20,000 to the Plaintiff, and the Plaintiff appropriated the unpaid rent from June 2019 to September 2019 and the unpaid rent from October 2019.

E. As of April 5, 2020, the Defendant’s unjust enrichment per rent and overdue interest in arrears amounting to KRW 24,711,439 in total.

F. The defendant is using the apartment house of this case not later than the closing date of pleadings.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 10 (including additional number), the purport of the whole pleadings

2. According to the facts acknowledged before the judgment as to the cause of the claim, since the lease of this case was terminated, the defendant is obligated to deliver the apartment of this case to the plaintiff, and pay damages for delay at the rate of 12% per annum from April 21, 2020 to the day of complete payment, which is the day following the day when the copy of the claim for unjust enrichment, etc. as of March 29, 2020 and the application for alteration of the cause of the claim was served on the defendant, and to pay damages for delay at the rate of 4,200,000 per annum from April 6, 2020 to the day when the delivery of the apartment of this case is completed.

3. The plaintiff's claim of this case is justified, and all of them are accepted.

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