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(영문) 서울중앙지방법원 2021.03.05 2020가단21396
건물인도 등 청구의 소
Text

The Defendants are the Plaintiff

A. Each point of Attached Form 1, 2, 11, 12, and 1 is indicated in Attached Form 12 stories D.

Reasons

Facts of recognition

A. On January 8, 2020, the Plaintiff leased real estate (hereinafter “instant real estate”) in attached Form No. 5,000,000 to the Defendants as security deposit, and monthly rent No. 620,000 (one day of each month).

B. The Defendants did not pay the monthly rent of KRW 6,200,000 until November 8, 2020, and did not pay KRW 2,708,880 (including annual installments) that was imposed by the E officetel management unit by October 2020.

(c)

From May 25, 2020, the Plaintiff urged the Defendants to pay monthly rent and terminated the lease contract.

【Evidence B: Defendant C who served a public notice: Evidence Nos. 1, 2, 3, and 4, and the purport of the whole pleadings

2. Determination

A. The instant lease agreement was lawfully terminated.

5,000,000 won was fully appropriated for the overdue monthly tax (4,960,000 won) and management expenses until September 8, 2020.

Therefore, the Defendants are obligated to deliver the instant real estate to the Plaintiff, and to return unjust enrichment calculated at the rate of KRW 620,000 per month from September 9, 2020 to the time of delivery of the instant real estate, as sought by the Plaintiff.

B. As to this, the defendant C merely stated the name as the tenant and did not possess the real estate of this case.

However, the above argument is not acceptable as it is contrary to the statement of the lease agreement (Evidence A No. 1) which is a disposal document.

3. According to the conclusion, the plaintiff's claim is accepted.

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