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(영문) 서울남부지방법원 2020.08.12 2020가단2872
건물명도
Text

The Defendant, as the Plaintiff

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

B. 13,347,950 Won and June 27, 2020

Reasons

1. On September 19, 2015, the Plaintiff filed the instant lawsuit against the Defendant to the effect that on September 19, 2015, the lease deposit amount of KRW 125,00,000,000, monthly rent of KRW 400,000, and the lease term of KRW 20,000,00 from October 26, 2015 to October 25, 2017 (24 months) was overdue, the Plaintiff terminated the lease contract and ordered the Defendant to specify the instant real estate. The Plaintiff filed the instant lawsuit against the Defendant to the effect that the unpaid rent of KRW 10,00,000 is KRW 10,00,00, as of July 8, 2020, the unpaid management fees as of KRW 3,347,950, including the number of each party’s arguments, or that there is no dispute between the parties, including the entire number of each party’s arguments.

Therefore, the lease contract between the plaintiff and the defendant on the real estate of this case was legally terminated on March 2, 2020, where the copy of the complaint of this case containing the defendant's declaration of the termination of the lease contract of this case was delivered to the defendant on the grounds of the defendant's delinquency in payment of more than two years of rent. Thus, the defendant is obligated to deliver the real estate of this case to the plaintiff, and to pay to the plaintiff unjust enrichment equivalent to the rent of 400,000 won per month from June 27, 2020 to the completion date of delivery of the real estate of this case, barring special circumstances.

2. The defendant's assertion is alleged to the effect that the plaintiff unilaterally notified the defendant of the termination of the lease contract on or around December 2019, even though the defendant agreed to extend the lease term and pay the unpaid rent after the consultation with the plaintiff. However, there is no evidence to support such consultation or agreement, and the plaintiff's claim for the termination of the lease contract and the delivery of the real estate of this case on the ground that the above argument was not paid for more than two years.

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