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(영문) 서울동부지방법원 2020.09.25 2020가단100384
건물인도
Text

1. The defendant

(a) deliver all the 372.64 square meters (cafeterias) of the 5th floor of the building listed in the attached list, and B.

Reasons

Comprehensively taking account of the purport of Gap evidence Nos. 1 through 4, the defendant entered into a lease agreement with the defendant on September 13, 2017 with regard to the real estate listed in the separate sheet (hereinafter referred to as "real estate of this case") including KRW 100 million, KRW 10 million, and KRW 10 million, and the period from September 1, 2017 to August 31, 2019 (hereinafter referred to as "the lease agreement of this case"). The plaintiff completed the registration of ownership transfer on the real estate of this case on October 31, 2018, and entered into an agreement with the defendant on November 17, 2018 that the plaintiff succeeded to the lease of this case as lessor, and the defendant did not pay the lease agreement of this case as from May 1, 2019 to the present date, and it is acknowledged that the plaintiff occupied and used the real estate of this case and delivered the lease agreement to the defendant at least 13,2017.

According to the above facts, the lease contract of this case was lawfully terminated by the plaintiff's expression of intention of termination on the ground of the defendant's delay of rent and terminated.

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and is obligated to pay the rent calculated at the rate of KRW 10 million per month from May 1, 2019 to the day the delivery of the instant real estate is completed, or the rent, which is the amount of profit from the possession and use of ordinary real estate, as unjust enrichment.

Therefore, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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