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(영문) 서울중앙지방법원 2020.01.21 2019가단5055602
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) deliver the underground floor among the buildings listed in the annex;

(b) Payment of KRW 2,640,000 shall be made and shall be made on September 2019.

Reasons

On November 27, 2015, the Plaintiff entered into a lease contract with the Defendant with regard to the underground floor (hereinafter “instant real estate”) among the buildings listed in the attached list owned by the Plaintiff (hereinafter “the instant real estate”) with regard to the lease deposit of KRW 10 million, KRW 12 million per month, KRW 1.2 million per month, and the lease contract (hereinafter “the instant lease contract”) between December 6, 2015 and December 5, 2018. The Defendant delayed payment from February 5, 2019. The Plaintiff did not have the intent to renew the lease contract of this case, and on September 3, 2018, the Plaintiff sent the instant real estate to the Defendant on condition that there is no dispute between the parties to the instant real estate and the Defendant used the instant real estate as a warehouse, or in full view of the purport of subparagraphs 1 through 5, respectively.

According to the above facts, the lease contract of this case was terminated on December 5, 2018, and the defendant is obligated to deliver the store of this case to the plaintiff, deliver it to the plaintiff, pay 2.64 million won (=1.320,000 won including value added tax x 2 months) equivalent to the rent from March 5, 2019, and pay the amount calculated by the ratio of 1.320,000 won per month from March 6, 2019 to the completion date of delivery of the real estate of this case as unjust enrichment.

The plaintiff's claim shall be accepted with due reason.

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