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(영문) 수원지방법원성남지원 2020.07.15 2019가단228017
건물명도(인도)
Text

The Defendant

(a) Category 1, 2, 3, 4, and 1, respectively, of the real estate listed in the separate sheet.

Reasons

1. Determination on the cause of the claim

A. On March 19, 2018, the Plaintiff: (a) leased the real estate listed in the separate sheet (hereinafter “instant building”); and (b) concluded a contract on March 19, 2018, under which part (a) of 92.63 square meters in the ship (hereinafter “Class 1 retail store”; hereinafter “the instant building part”) connected each point of Section 1, 2, 3, 4, and 1,000 won in sequence among the 1st floor of the instant building (hereinafter “instant building”); and (c) concluded a sub-lease agreement with the Defendant by designating the amount of KRW 92.63 square meters in the ship (a) from March 19, 2018 to March 19, 2020.

The defendant did not pay rent from August 2018.

[Ground of recognition] Unsatisfy, Gap 1 to 3 statements

B. The sub-lease contract between the Plaintiff and the Defendant was terminated by the service of a copy of the complaint indicating the Plaintiff’s intention to terminate the contract on the grounds of the Defendant’s delay of rent.

The Defendant is obligated to deliver the part of the instant building to the Plaintiff, and to pay unjust enrichment calculated by the ratio of KRW 1 million per month from August 12, 2018 to the completion of delivery of the instant building as sought by the Plaintiff.

2. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.

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