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(영문) 수원지방법원 2020.01.09 2019가단542307
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

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

(b) from 1,629,032 won and December 20, 2019

Reasons

Facts of recognition

On May 11, 2018, the Plaintiff leased real estate listed in the attached list to the Defendant with the lease deposit amounting to KRW 10 million, KRW 700,000 per month (payment on July 1), and the lease term from July 1, 2018 to July 1, 2020, and delivered it to the Defendant.

At the time, the Plaintiff agreed to terminate the contract if the overdue rent of the Defendant amounts to the two-year rent.

The Defendant did not pay the Plaintiff the rent from August 1, 2018.

[Ground of recognition] The fact that the copy of the complaint of this case, which included the purport of terminating the lease contract on the ground of overdue delay in rent as above, was delivered to the Defendant on August 2, 2019, is apparent in the record.

According to the above facts, the above lease contract was legally terminated by the plaintiff's expression of intent of termination.

Therefore, barring any special circumstance, the Defendant is obligated to deliver to the Plaintiff real estate listed in the separate sheet, and pay to the Plaintiff the rent and unjust enrichment equivalent to the rent, calculated in respective rates of KRW 700,00 per month from August 1, 2018 to the delivery date of the pertinent real estate. The amount of unjust enrichment equivalent to the overdue rent or rent determined by the closing date of pleadings in this case, shall be KRW 11,629,032 (=700,000 x 16 months (from August 1, 2018 to November 30, 2019) + 700,000 ± 31 days 】 19 days (from December 1, 2019 to December 19, 2019), and thus, the Defendant is obligated to pay to the Plaintiff real estate at the ratio of KRW 11,629,000,000 to KRW 19,209 and KRW 19,201.

The judgment of the defendant against the defendant's assertion is made by the plaintiff by forming a certified copy of the register and building register of the real estate listed in the attached list, which is an unregistered building by October 2018, and the lease deposit shall be refunded when it comes to this.

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