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(영문) 서울동부지방법원 2018.11.16 2018가단7178
건물명도(인도)
Text

1. The defendant is against the plaintiffs:

A. The second floor of the building indicated in the “Indication of Real Estate” in the attached Form 2 is 138.46 square meters.

Reasons

1. Basic facts

A. On January 15, 2015, the Plaintiffs entered into a contract with the Defendant for the lease of the instant building as KRW 20 million, KRW 820,000 per month, and the period from February 27, 2015 to 24 months. On February 27, 2015, the Plaintiffs handed over the building to the Defendant.

B. The Defendant delayed the payment of monthly rent after November 2016, and the Plaintiffs demanded the Defendant to set off the instant building. On March 14, 2018, the Plaintiffs sent to the Defendant a written notice of the termination of the said lease by content-certified mail.

On the other hand, at the defendant's request, the plaintiff paid 2 million won to the defendant as the director's expenses.

C. The defendant is residing in the building of this case until the date of closing argument.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Assertion and determination

A. According to the above facts, the lease contract on the building of this case between the plaintiffs and the defendant was lawfully terminated and terminated by the time when the copy of the complaint of this case containing the plaintiff's declaration of termination was delivered to the defendant on the grounds of late delay in rent (on June 26, 2018), and thus, the defendant is obligated to deliver the building of this case to the plaintiffs and return unjust enrichment equivalent to rent or rent after November 27, 2016.

B. (1) First, the Defendant asserted that the instant lease agreement was automatically renewed on February 27, 2017, and thus, the Plaintiff’s claim is unjustifiable. However, as long as the contract was terminated according to the Plaintiff’s notice of termination on the ground of two or more overdue rents, the above assertion is without merit.

(2) The Defendant asserts that all of the rent was paid in full, including the monthly rent of KRW 2 million on January 26, 2017 and KRW 2.5 million on November 13, 2017. However, there is no evidence to prove that the Defendant paid KRW 2 million on January 26, 2017. The fact that the Defendant paid KRW 2.5 million on November 13, 2017 does not dispute the Plaintiffs.

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