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(영문) 수원지방법원성남지원 2019.11.06 2019가단11325
건물명도 등
Text

1. The defendant shall be the plaintiff.

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

B. From June 25, 2019 to KRW 4840,00 and above.

Reasons

1. Facts of recognition;

A. On May 1, 2018, the Plaintiff leased the real estate indicated in the attached Form (hereinafter “instant real estate”) to the Defendant with the lease deposit of KRW 5 million, monthly rent of KRW 400,000 (in addition, the additional tax, the subsequent payment on May 24, 2018), and the lease term from May 24, 2018 to May 24, 2019.

(hereinafter “Lease of this case”). (b)

The Defendant paid the monthly rent to the Plaintiff around June 24, 2018 and July 24, 2018, respectively, while residing in the instant real estate upon delivery around May 24, 2018, but did not pay the monthly rent to the Plaintiff at all thereafter.

C. On May 23, 2019, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the ground of the Defendant’s delinquency in rent on a monthly basis.

[Grounds for recognition] The descriptions of Gap evidence Nos. 3, 4, 5, and 7, and the purport of the whole pleadings

2. According to the judgment and the above findings, the instant lease contract was terminated.

As such, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and (2) from July 25, 2018 to June 24, 2019, to pay the money calculated by the ratio of KRW 4,840,000 per month from July 25, 2018 to June 24, 2019 to the return of unjust enrichment (=440,000 won per month x 11 month) and from June 25, 2019 to the completion date of delivery of the said real estate by the return of unjust enrichment from possession and use of the said real estate.

Therefore, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.

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