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(영문) 서울동부지방법원 2019.01.16 2018가단11061
건물명도(인도) 등
Text

1. The Defendants are to the Plaintiff:

(a) deliver the real estate listed in the annex;

B. As from February 11, 2018, the delivery of the said real estate.

Reasons

1. Basic facts

A. On December 17, 2012, the Plaintiff (Lessor) entered into a lease agreement with Defendant C (Lessee) on deposit 10,000,000 won for the instant building, monthly rent 440,000 won (payment after January 10, 2013), and the period from January 10, 2013 to January 10, 2015, and upon the expiration of the lease term by a special agreement, the deposit was returned to Defendant D (Defendant C’s father) upon the expiration of the lease term.

Since then, the lease contract has been renewed twice, and the defendant D has been residing in the building of this case until now.

B. The Defendants did not pay the Plaintiff rent after February 11, 2018.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. Determination as to the cause of action

A. The instant lease agreement was terminated by the Plaintiff’s notice of termination on April 16, 2018 (Evidence A5) on the grounds of two or more occasions of the Defendants’ delinquency in payment of rent.

Therefore, the Defendants are obligated to deliver the instant building to the Plaintiff and pay the Plaintiff the rent or unjust enrichment equivalent to the rent, calculated at the rate of KRW 440,000 per month from February 11, 2018 to the completion date of delivery of the said building.

B. The Plaintiff asserts that the Defendants paid a total of 64 minutes from February 11, 2013 to May 10, 2018, but only paid a total of 64 rents from October 10, 2017, and did not pay KRW 3,080,000 for seven minutes from November 11, 2017 to May 10, 2018.

From February 11, 2018 to May 10, 2018, the Defendants are the Defendants.

Meanwhile, according to Gap evidence No. 3, the defendants paid to the plaintiff KRW 472,00 on October 11, 2017, KRW 506,00 on November 1, 201 of the same year, KRW 492,00 on December 12, 198, and KRW 518,00 on January 10, 2018. Thus, the difference is deemed to have been paid from October 11, 2017 to February 10, 2018.

It is difficult to specify the timing of delinquency in the four-minutes claimed by the Plaintiff, and according to the financial data, the Defendants remitted the amount higher than the agreed rent to the Plaintiff several times.

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