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(영문) 서울동부지방법원 2019.05.24 2018가단133794
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the Schedule;

B. From September 30, 2018, the above-mentioned A

subsection (b).

Reasons

1. The fact of recognition that the Plaintiff, on June 22, 2017, leased the real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant on the basis of the lease deposit amounting to KRW 10 million, the period from June 26, 2017 to June 25, 2019, and the monthly rent of KRW 500,000,000. In the event that the lessee is in arrears for at least two months, the lessor may terminate the relevant lease contract. In the event that the lessee is in arrears for at least two months, the lessor may terminate the lease contract, and the lessee fails to pay the overdue interest rate of KRW 15% per annum for the number of overdue days, and the Defendant did not pay the overdue interest from January 2018, and the sum of unpaid overdue interest as of August 31, 2018 reaches KRW 4,157,282, and the Plaintiff’s declaration of intention to terminate the lease contract or the Plaintiff’s declaration of intention to terminate the lease agreement to the Defendant.

2. According to the above facts of recognition, the lease contract between the plaintiff and the defendant was lawfully terminated by the plaintiff's declaration of intent to terminate the contract.

As such, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and pay the Plaintiff the rent or unjust enrichment equivalent to the rent calculated by the rate of 500,000 won per month from September 30, 2018 to the delivery date of the said real estate, and to pay damages for delay calculated by the rate of 15% per annum from September 20, 2018 to the day of full payment sought by the Plaintiff. Thus, the Plaintiff’s claim is justified.

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