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(영문) 서울중앙지방법원 2017.10.13 2017가단52383
건물명도 등
Text

1. The Defendant shall deliver the real estate indicated in the attached Form to the Plaintiff (Appointed Party) and the appointed party, and shall be as from April 16, 2017.

Reasons

1. Facts of recognition;

A. On July 6, 2016, the Plaintiff (Appointed Party; hereinafter “Plaintiff”) and the selector are co-owners of the real estate indicated in the separate sheet (hereinafter “instant real estate”). On July 6, 2016, the Plaintiff and the selector leased the instant real estate to the Defendant with the lease deposit amount of KRW 10,000,000, monthly rent of KRW 850,000, monthly rent of KRW 850,000, and the lease period of the instant real estate from August 27, 2016 to the removal of the building due to reconstruction.

B. From January 16, 2017, the Defendant delayed the payment of monthly rent, and the Plaintiff and the designated parties terminated the instant lease agreement.

C. After filing the instant lawsuit, the Defendant paid unjust enrichment equivalent to the rent to the Plaintiff and the selector until April 15, 2017.

[Grounds for Recognition: entry in the evidence of subparagraphs 1 through 3, the purport of the whole pleadings]

2. According to the facts of the above recognition, the lease contract of this case is deemed to have been lawfully terminated and terminated according to the Defendant’s declaration of termination due to the Defendant’s default on rent, so the Defendant is obligated to deliver the real estate of this case to the Plaintiff and the Selection, and to pay the amount of unjust enrichment equivalent to the rent calculated at the rate of KRW 850,000 per month from April 16, 2017 to the completion date of delivery of the real estate of this case.

3. In conclusion, the claims of the plaintiff and the selector shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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