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(영문) 서울동부지방법원 2018.12.13 2018가단130917
건물명도(인도)
Text

1. From KRW 55,00,000 to KRW 55,00,00, the Defendant shall from December 23, 2017 to the completion date of delivery of the buildings listed in the separate sheet.

Reasons

On November 3, 2017, the Plaintiffs entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on the attached list (hereinafter “the instant building”) with the terms of KRW 55 million for the lease deposit, monthly rent of KRW 2 million for the period from November 23, 2017 to January 22, 2020 for the lease deposit, and the delivery of the instant building by paying KRW 55 million for the lease deposit, and the Defendant did not pay the rent of KRW 2 million for the period from December 23, 2017 to December 22, 2017, and the Plaintiffs failed to pay the rent of KRW 2 million for the period from August 23, 2017 to August 23, 2018, and the Plaintiffs did not express their intent to terminate the instant lease agreement between the parties to the agreement or to conclude the agreement as a whole.

According to the above facts, the lease contract of this case was lawfully terminated by the plaintiffs' declaration of termination on August 2, 2018 on the grounds of the defendant's payment of rent, and the defendant is obligated to pay the plaintiffs the remainder after deducting the sum of overdue rent and unjust enrichment calculated at the rate of KRW 2 million from 55 million to 200,000 per month from December 23, 2017 to the delivery of the building of this case from the plaintiffs as the duty to restore the building of this case.

Therefore, the plaintiffs' claims of this case shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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