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(영문) 서울동부지방법원 2015.10.30 2015가단114686
부동산인도 등
Text

1. The defendant shall be the plaintiff.

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

(b) KRW 16,700,000 and this shall be applicable thereto.

Reasons

Comprehensively taking account of the respective descriptions and the purport of the entire arguments in Gap 1, 2-1, 2-2, 3-1-3-27, the plaintiff entered into a lease agreement with the defendant on July 27, 2004, with the real estate stated in the attached list owned by the plaintiff to the defendant, up to August 8, 2005, with the lease deposit of KRW 12 million, monthly rent of KRW 7 million, and delivered the above real estate to the defendant around that time, and the defendant delayed to pay the monthly rent of KRW 16.7 million as of May 8, 2015, the plaintiff can be found to have terminated the above lease through the instant complaint.

According to the above facts, since the above lease contract was lawfully terminated due to the termination of the plaintiff's termination due to the delay of rent of the defendant, the defendant is obligated to deliver the above real estate to the plaintiff due to such restitution.

In addition, the Defendant is obligated to pay to the Plaintiff the amount of KRW 16.7 million unpaid monthly rent from May 8, 2015 and the amount of delay damages calculated by the rate of 20% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from June 10, 2015 to the date of complete payment, as the Plaintiff seeks, and the amount of unjust enrichment equivalent to the rent of KRW 70,000 per month from May 9, 2015 to the date of delivery of the said real estate.

If so, the plaintiff's claim is justified.

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