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(영문) 서울중앙지방법원 2017.09.06 2017가단5105985
건물명도(인도)
Text

1. The Defendant shall deliver to the Plaintiff the real estate indicated in the attached list, and the said real estate from April 6, 2017.

Reasons

On August 17, 2016, the Plaintiff: (a) on August 17, 2016, the lease deposit amount of KRW 120 million; (b) monthly rent of KRW 10 million; (c) from February 1, 2016 to January 31, 2018; and (d) the road use charges under an agreement to pay the Defendant; (b) provided that the Defendant shall pay the Plaintiff the remainder of the deposit amount of KRW 20 million; and (c) the road use charges of KRW 1259,780,00 as of April 6, 2017; and (d) on April 6, 2017, the Plaintiff did not receive any dispute between the parties by expressing his/her intent to terminate the said lease contract on the grounds that the lease contract was delayed; and (d) the Plaintiff did not receive any payment of KRW 50,1500,000 from the time of the termination of the contract.

According to the above facts, the lease contract between the plaintiff and the defendant was lawfully terminated by the plaintiff's notice of termination.

Therefore, the Defendant is obligated to deliver the real estate listed in the attached list to the Plaintiff, and pay the amount of unjust enrichment equivalent to the rent of KRW 11,00,000 per month from April 6, 2017 to the date of completion of the above delivery.

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

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