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(영문) 수원지방법원 2020.07.15 2020가단511927
건물명도 청구의 소
Text

The Defendant, as the Plaintiff

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

(b) from January 24, 2020 to the annexed list.

Reasons

1. On November 14, 2018, the Plaintiff leased real estate listed in the attached list (hereinafter “instant apartment”) to the Defendant, with a deposit of KRW 12 million, KRW 1.2 million per month, KRW 1.2 million per month, and the lease term from November 26, 2018 to November 25, 2020.

(hereinafter “instant lease agreement”). The Defendant was delivered the instant apartment, and the Defendant was in arrears for not less than two years.

On January 23, 2020, there is no security deposit if the difference in arrears is deducted from the security deposit.

On the other hand, the copy of the complaint of this case, stating the purport that the lease contract of this case is terminated on the grounds of rent delay for more than two years, was served on March 11, 2020 to the defendant.

[Reasons for Recognition: Unsatisfy Facts, Gap 1, 2, obvious facts in records, purport of the whole pleadings]

2. According to the above facts, since the lease contract of this case was terminated, the defendant is obligated to deliver the apartment of this case to the plaintiff, and to pay the money by the ratio of 1.2 million won per month from January 24, 2020 to the completion date of delivery of the apartment of this case from January 24, 2020 to the unjust enrichment of the party in arrears or rent.

3. The plaintiff's claim is reasonable, and it is so decided as per Disposition.

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