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(영문) 서울중앙지방법원 2017.05.30 2016가단73147
건물인도 등
Text

1. The defendant

(a) deliver each real estate listed in the separate sheet;

(b) An annexed list from May 1, 2017.

Reasons

1. Facts without dispute;

A. On October 13, 2015, the Plaintiff entered into a lease agreement with the Defendant, B, and the Gangnam-gu Seoul Metropolitan Government 32 household units with the 16th 32 household units with the 16th 32 household units in Gangnam-gu Seoul Metropolitan Government.

In the above contract, the lease deposit amount was KRW 150 million, the rent was KRW 34,170,000 per month, and the lease term was set at two years from October 13, 2015.

(hereinafter “instant lease agreement”).

B. On June 3, 2016, the Defendant and B delayed the termination of the lease agreement, and the Plaintiff notified the termination of the instant lease agreement on June 8, 2016 to the Defendant and B.

C. The Defendant and B, including the remaining overdue rent, delivered to the Plaintiff the said 32 households, but each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) did not yet have been delivered.

8 Generation's monthly rent of each of the real estate in this case is KRW 9,572,80.

B paid to the Plaintiff some overdue rent, management fee, etc., and the remaining overdue rent, management fee, and late payment charge as of April 28, 2017 were 76,976,000 won.

2. Inasmuch as the instant lease contract was terminated, the Defendant is obligated to deliver the instant real estate to the Plaintiff; ② return unjust enrichment in proportion to KRW 9,572,80,00, which is the amount equivalent to the rent from May 1, 2017 to the completion date of delivery of each of the instant real estate; ③ to pay damages for delay calculated at a rate of 6,976,00 per annum under the Commercial Act from May 1, 2017, which is the delivery date of a copy of the application for modification of the purport of the instant claim, from May 15, 2017, which is the date of delivery of a copy of the application for modification of the purport of the instant claim, to the date of complete payment.

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