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(영문) 서울남부지방법원 2020.03.18 2019가단254318
건물명도(인도)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each party;

Reasons

On March 9, 2019, the Plaintiff: (a) leased and delivered to the Defendant real estate listed in the separate sheet from March 9, 2019 to March 9, 2020; (b) the deposit amount of KRW 30,000,000; and (c) the monthly rent of KRW 2,300,000; (c) the Plaintiff terminated the said lease contract with a rent-free entity for at least two (2) years on September 10, 2019; (d) the Defendant delivered the real estate listed in the separate sheet to the Plaintiff on December 16, 2019; and (e) the Plaintiff deposited the repayment of the interest of KRW 27,260,013, including the interest accrued until the date after the deduction of the unpaid monthly rent from the lease deposit on January 8, 2020, there is no dispute between the parties.

Thus, the plaintiff's claim seeking the delivery and rent of real estate and return of unjust enrichment as stated in the attached list due to the termination of the lease contract is dismissed as it is without merit. Considering that the delivery, etc. of real estate listed in the attached list was made after the lawsuit of this case, the costs of lawsuit are borne individually

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