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(영문) 서울서부지방법원 2020.05.26 2019가단273097
건물인도
Text

1. The defendant is against the plaintiffs:

(a) Description A, B, C, D, F, g. of the attached list among the real estate listed in the attached list;

Reasons

According to the evidence Nos. 1 through 5, it is recognized that the facts of the reasons for the claim No. 5 are stated, and the fact that the plaintiffs succeeded to the status of the lessor from D does not dispute this.

Therefore, the lease contract between the plaintiffs and the defendant was lawfully rescinded by the plaintiffs' notice of termination. Thus, the defendant is obligated to pay to the plaintiffs the amount of unjust enrichment per rent calculated by the ratio of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from January 9, 2020 to the day of complete payment, 31,100,000 won per annum under the following day after the delivery date of the complaint to the day of complete payment, 30,000 won per annum calculated by the ratio of 12% per annum under the attached Form No. 1, 200 to 1,550,000 per month from January 9, 202 to the day of delivery of the above real estate.

In regard to this, the defendant requested a new lease contract with the deposit raised five times as the plaintiffs, and the defendant rejected it, and the plaintiffs filed the lawsuit of this case, which is alleged to the effect that the lease contract of this case has not yet been terminated, but the defendant did not dispute the fact that the contract of this case was overdue, and the above assertion does not affect the validity of the rescission of the contract.

Therefore, the plaintiffs' claims of this case shall be accepted on the grounds of their reasoning, and it is so decided as per Disposition.

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