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(영문) 서울중앙지방법원 2018.11.27 2018가단34658
건물명도 등 청구의 소
Text

1. The defendant shall be the plaintiff.

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

B. From May 6, 2018, the above-mentioned A

subsection (b).

Reasons

1. Facts of recognition;

A. On October 11, 2017, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 10 million with respect to the buildings listed in the separate sheet, KRW 1.6 million with respect to monthly rent (excluding value-added tax of KRW 10 million, KRW 16 billion with respect to each month), and the lease term from October 16, 2017 to October 15, 2018. The Defendant paid the above lease deposit to the Plaintiff and used and profit from the said building.

B. On November 16, 2017, the Defendant delayed payment of only one-month rent, and around May 28, 2018, the Plaintiff issued a notice of termination to the effect that “A lease is terminated due to a delay in rent for at least two periods, and until July 15, 2018, the building listed in the separate sheet is transferred to the Plaintiff.”

C. On July 2018, the Defendant: (a) paid the Plaintiff the rent of KRW 1660,00 (one-month rent) by moving into the leased building; and (b) did not pay the rent thereafter; and (c) thereafter, the Defendant will deliver the rent without molding it until July 28, 2018.

Although the written statement of performance was prepared, the above building has been occupied and used until the date of the conclusion of the pleadings in this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. According to the above facts of recognition, the instant lease agreement was lawfully terminated upon the Plaintiff’s declaration of termination due to the Defendant’s failure to pay two or more rents.

Therefore, the Defendant is obligated to deliver to the Plaintiff the building indicated in the separate sheet. From November 16, 2017 to the completion date of delivery of the said building, the Plaintiff is obligated to return unjust enrichment equivalent to the rent due to overdue rent and possession and use from November 16, 2017, and the Plaintiff seeks to deduct the sum of the rent in arrears from the lease deposit of KRW 10 million to November 16, 2017. As such, the Defendant is the Plaintiff from May 6, 2018 to the completion date of delivery of the said building.

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