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(영문) 서울서부지방법원 2019.01.17 2018가단5686
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

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

B. From September 11, 2014, the above-mentioned A

subsection (b).

Reasons

1. Facts of recognition;

A. On March 10, 2014, the Plaintiff entered into a lease agreement with the Defendant for the lease deposit of KRW 20,000,000, monthly rent of KRW 450,000, and the term of lease from March 10, 2014 to March 10, 2016 (hereinafter “instant lease agreement”).

B. From September 11, 2014, the Defendant delayed payment of the rent, and on May 29, 2018, the Plaintiff sent to the Defendant a certificate of the content of notifying the termination of the instant lease agreement, and filed the instant lawsuit to the same effect.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. Determination:

A. According to the above facts, since the lease contract of this case was lawfully terminated by the Plaintiff’s declaration of termination on the ground of the Defendant’s failure to pay rent for more than two years, the Defendant shall deliver the real estate of this case to the Plaintiff, and shall pay the Plaintiff the amount of unjust enrichment equivalent to the overdue rent and rent.

B. As to this, the Defendant asserted to the effect that the Plaintiff cannot respond to the Plaintiff’s claim due to defects such as the occurrence of water leakage in the instant real estate and the absence of heat, but it is insufficient to recognize the Defendant’s claim on the sole basis of the images of the evidence Nos. 1 and 2

C. Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff and pay the Plaintiff the overdue rent and unjust enrichment equivalent to the rent in arrears calculated at the rate of KRW 450,00 per month from September 11, 2014 to the completion date of delivery of the instant real estate.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.

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