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(영문) 서울남부지방법원 2018.11.06 2018가단200857
건물명도(인도)
Text

1. The Defendants shall be paid KRW 20,000,000 from the Plaintiff and at the same time real estate stated in the attached Table to the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 7, 2016, the Plaintiff leased approximately 26 square meters on the part inside the ship indicated in paragraph (1) of this Article (hereinafter “instant real estate”) to the Defendants as KRW 26,00,000 per month during the lease period from April 15, 2016 to April 14, 2018.

B. On April 15, 2016, the Plaintiff handed over the instant real estate to the Defendants.

C. As of June 14, 2018, the Defendants failed to pay the rent for four months as of June 14, 2018. For this reason, a preparatory document dated June 14, 2018 stating the Plaintiff’s declaration of intent to terminate the said lease was served on the Defendants around that time.

[Ground of recognition] Facts without dispute, Gap 1 and 6 evidence, purport of the whole pleadings

2. According to the facts of the above recognition, the above lease contract was lawfully terminated by the plaintiff's notice of termination on the ground of the rental body for more than three months of the defendants.

Therefore, the Defendants are obliged to deliver the instant real estate to the Plaintiff at the same time with the payment of the said deposit of KRW 20 million from the Plaintiff, and jointly and severally, to the Plaintiff, to pay to the Plaintiff unjust enrichment equivalent to the rent calculated by the ratio of KRW 1,100,000 per month from October 15, 2018 to the completion date of delivery of the instant real estate.

3. Thus, the plaintiff's claim against the defendants is justified, and each of them is accepted.

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