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(영문) 서울남부지방법원 2018.10.10 2018가단5830
건물명도 등
Text

1. The defendant is against the plaintiffs:

A. Of the real estate Nos. 1 and 2 real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. The Plaintiffs are co-owners of the real estate stated in the purport of the claim (hereinafter “instant real estate”). On April 17, 2017, the Plaintiffs leased the instant real estate to the Plaintiff with a fixed period of two years (hereinafter “the instant lease”).

B. On January 15, 2018, the Defendant paid a three-month rent after entering into the instant lease agreement, and the Plaintiffs failed to pay a rent thereafter. On January 15, 2018, the Defendant notified the Defendant of the termination of the instant lease agreement on the ground that the rent was overdue.

C. As of the closing date of the instant pleadings, the amount of unpaid rent and unjust enrichment equivalent to the rent is KRW 37,440,000.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4 (including additional number), the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, since the lease of this case was terminated by the notification of termination by the plaintiffs on the ground of the defendant's delinquency in rent, the defendant is obligated to deliver the real estate of this case to the plaintiffs, pay the unpaid rent and unjust enrichment amounting to 3,744,00 won, and pay 3,960,000 won per month from September 1, 2018 to the date of delivery of the real estate of this case or the date of loss of the plaintiffs' ownership.

3. In conclusion, the plaintiffs' claims are justified within the above scope of recognition, and the remaining claims are dismissed as they are without merit. It is so decided as per Disposition.

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