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(영문) 서울북부지방법원 2017.09.15 2017가단12155
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

B. From August 1, 2017, the amount of KRW 34,200,00 and KRW 34,200.

Reasons

1. On June 17, 2016, the Plaintiff paid KRW 3,500,000 among the buildings listed in the separate sheet (hereinafter “instant building”) to the Defendant on June 17, 2016, by taking account of the following facts: (a) lease deposit amounting to KRW 50,000, KRW 4,400,00 (including value-added tax) monthly rent; (b) lease period from June 22, 2016 to December 12, 2016 (hereinafter “the instant lease agreement”); and (c) the Defendant delayed payment of KRW 37,70,000 for two or more rents until July 31, 2017; and (d) on April 3, 2017, the Plaintiff, prior to the filing of the instant lawsuit, was unable to send the instant lease agreement to the Defendant on the grounds that the Defendant’s lease agreement was terminated; or (d) the Plaintiff’s submission of evidence and evidence between the parties as to the instant lease agreement and the instant title 1.

According to the above facts, the lease contract of this case was lawfully terminated due to the Defendant's delay in rent.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff, and to pay unjust enrichment equivalent to the rent of KRW 34,200,000 (=37,700,000-3,500,000) and the rent of KRW 4,40,00 from August 1, 2017 to the completion date of delivery of the instant building.

2. In conclusion, the plaintiff's claim is reasonable, and all of them are accepted. It is so decided as per Disposition.

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