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(영문) 서울중앙지방법원 2018.11.14 2018가단5159453
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the Schedule of Real Estate;

B. 5,730,000 won and August 13, 2018

Reasons

Attached Form

Facts in the cause of the claim shall not be disputed between the parties, or may be acknowledged in accordance with the purport of the whole entries and arguments as set forth in subparagraphs A1 through 6.

Therefore, the Defendant, a lessee, is obligated to deliver to the Plaintiff, a lessor, the real estate indicated in the attached real estate list as the lease contract is terminated due to the Defendant’s default of rent, and pay to the Plaintiff a reasonable amount of unjust enrichment, such as overdue rent of KRW 5,730,000, remaining after deducting the deposit paid by the Defendant, and the rent of KRW 1,210,000, monthly from August 13, 2018 to the completion date of delivery of the real estate listed in the attached

The Plaintiff sought a reasonable amount of unjust enrichment, such as rent of KRW 1,210,000 per month from August 12, 2018. As long as the lease term under the lease agreement was “from February 13, 2017 to February 12, 2018,” it shall be deemed that the remaining overdue rent of KRW 5,730,000 after deducting the deposit is based on the use and profit-making from August 12, 2018. As such, the relevant portion of the claim is justifiable only for the portion from August 13, 2018, and on August 12, 2018.

Therefore, the plaintiff's claim is justified within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

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