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(영문) 서울중앙지방법원 2019.09.04 2018가단5233658
건물명도(인도)
Text

1. The Defendant points out to the Plaintiff each point of the attached Form 1, 2, 3, 4, and 1 among the real estate 56.52 square meters in the attached list.

Reasons

1. Basic facts

A. On May 9, 2016, the Plaintiff entered into a lease agreement between the Defendant and the instant house with the term of KRW 20,000,000, monthly rent of KRW 200,000, and the term of lease from June 9, 2016 to June 9, 2018 (hereinafter “instant lease agreement”), and transferred the instant house to the Defendant.

B. On November 1, 2018, the Plaintiff sent to the Defendant a content-certified mail to the effect that the instant lease contract is terminated on the grounds of the delinquency in rent for at least two months, and that mail sent to the Defendant on November 2, 2018.

Even after that, the Defendant continued to possess and use the instant house.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 5, the purport of the whole pleadings

2. The Plaintiff’s assertion that the instant lease agreement was lawfully terminated on November 2, 2018 on the grounds of the Defendant’s delinquency in rent, and thus, the Defendant is obligated to deliver the instant house to the Plaintiff.

From May 9, 2017 to August 8, 2017, the Defendant is obliged to pay the Plaintiff the sum of KRW 600,000,000, and the sum of KRW 1,166,667, which is the 25th day of May from May 9, 2018 to November 2, 2018 when the instant lease contract was terminated. As such, the Defendant is obliged to pay the Plaintiff the sum of the 1,766,67, and delay damages.

In addition, the Defendant continued to reside in the instant house even after the termination of the instant lease agreement, and thus, the Defendant is obliged to return unjust enrichment accordingly, and the Defendant is obliged to pay to the Plaintiff the amount equivalent to the monthly rent from November 3, 2018 to June 2, 2019, KRW 1,400,000, and delay damages therefor, which are the monthly rent, and to pay the amount equivalent to the rent from June 3, 2019 to June 3, 2019, calculated at the rate of KRW 200,000 per month, which is the amount equivalent to the rent, from the completion date of delivery of the instant house.

3. Determination

A. Reviewing the details of arrears in rent, the Defendant’s instant lease agreement was concluded between June 2016 and May 2018 (i.e., from June 9, 2016 to June 8, 2018).

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