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(영문) 서울서부지방법원 2020.07.10 2020가단212777
건물인도
Text

1. The defendant shall be the plaintiff.

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

(b) 828,570 Won and 817,070 among them;

Reasons

1. Each fact in the separate sheet of grounds for the recognition of the facts may be recognized, either in dispute between the parties or in the statement in Gap evidence Nos. 1 to 5, by integrating the whole purport of the pleadings;

2. Determination

A. According to the above facts finding as to the cause of the claim, the sub-lease contract between the plaintiff and the defendant shall be deemed to have been terminated due to the defendant's three or more months of default, and barring any special circumstance, the defendant shall deliver to the plaintiff the real estate stated in the separate sheet, and shall pay to the plaintiff 828,570 won (i.e., the unpaid rent of KRW 817,070,070 until January 31, 2020), and 817,070 among them, 7% per annum under the agreement from February 1, 2020 to February 13, 2020, and 12% per annum from the next day to the date of the delivery of a copy of the complaint from February 13, 2020 to the date of full payment, and shall pay damages for delay calculated at the rate of KRW 10,500,500 as unjust enrichment from February 1, 202 to the date of delivery of the above real estate.

B. As to the judgment of the defendant's assertion, the defendant's two-month grace period is to pay the plaintiff the unpaid monthly rent to the plaintiff and settle the overdue payment. Thus, the defendant's claim cannot be accepted. However, there is no evidence to acknowledge this, and even if the defendant pays the unpaid monthly rent to the plaintiff, the validity of termination of the sub-lease contract as mentioned above is not extinguished. Thus, the defendant's above assertion cannot be accepted.

3. In conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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