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(영문) 서울중앙지방법원 2019.07.04 2018가단62523
건물명도 청구의 소
Text

1. The defendant shall be the plaintiff.

(a) indication 1, 2, 3, 4, 5, 6.

Reasons

1. Facts of recognition;

A. On August 20, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on the part (A) size of 40 square meters in the ship (hereinafter “instant building”) that connects each point of 1,2, 3, 4, 5, 6, and 1 in sequence among the buildings listed in the attached list with the Defendant, among the buildings listed in the attached list, to KRW 5,000,000, monthly rent of KRW 4,000,000, and the lease period from August 29, 2016 to August 28, 2018.

B. The Defendant, upon delivery of the instant building, currently occupies and uses the instant building. After receiving the instant real estate from the Plaintiff, the Defendant paid KRW 6,661,60 among the rent of KRW 12,00,000 from August 29, 2016 to February 28, 2019 to the Plaintiff, and paid KRW 5,338,40 for the rent of approximately 13 months.

C. The Plaintiff expressed his/her intent to terminate the instant lease agreement on the grounds of the Defendant’s delinquency in rent, etc. by serving the duplicate of the instant complaint, and the duplicate of the instant complaint was served on the Defendant on November 17, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 6, purport of the whole pleadings

2. According to the above facts, the instant lease agreement was lawfully terminated by the Plaintiff’s declaration of termination on November 17, 2018 on the ground of overdue delay, and thus, the Defendant is obligated to deliver the instant building to the Plaintiff and pay to the Plaintiff unjust enrichment equivalent to KRW 338,400 calculated by deducting deposit deposit amount of KRW 5,00,000 from unpaid overdue rent of KRW 5,338,400 until February 28, 2019, and from March 30, 2019 to the completion date of delivery of the instant building.

3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.

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