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(영문) 의정부지방법원 2020.05.26 2019가단133042
건물명도(인도)
Text

1. The defendant delivers the building indicated in the attached Form to the plaintiff, and deliver the building from October 1, 2019 to the plaintiff.

Reasons

1. On December 14, 2017, the Plaintiff determined that each of the buildings listed in the separate sheet (hereinafter “instant building”) attached to the Defendant as KRW 40,00,000 per lease deposit, KRW 4,950,00 per month of rent (including value-added tax) and the period from December 29, 2017 to December 28, 2019, respectively; and the lessee has failed to pay the rent for three (3) periods, determined that the lease should be immediately terminated (hereinafter “instant lease”). The Defendant did not pay the rent for KRW 10,00,000 as part of the unpaid rent on March 3, 201, KRW 10,000, KRW 400 per month, KRW 600 per year and KRW 405, KRW 1050, KRW 400, KRW 500, KRW 500, KRW 1965, KRW 2019.

According to the above facts, it is recognized that the Defendant did not pay more than three-year rents and the grounds for termination of the contract are recognized, barring special circumstances, the instant lease contract was terminated on November 18, 2019, by which the copy of the complaint of this case, stating the intent to terminate the contract on the grounds of delinquency in rent, was served on the Defendant.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff and pay to the Plaintiff the sum of the rent of KRW 46,800,000 and the unpaid rent from October 1, 2019 to November 18, 2019, which is the date of termination of the lease contract. The following day to the delivery date of the instant building or the date of loss of the Plaintiff’s ownership on the instant building is an unjust enrichment equivalent to the rent of KRW 4,950,00 per month.

2. The judgment of the defendant on the defendant's assertion is that the clothes stored by the defendant in the above building are milked after rainwater is far away from the ceiling of one of the buildings detailed.

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