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(영문) 서울동부지방법원 2015.09.09 2015가단6006
건물인도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver the land listed in the separate sheet;

(b) 13,200,000 won and from August 1, 2015.

Reasons

Around December 2006, the Plaintiff leased the instant land owned by the Defendant with a deposit of KRW 30 million, KRW 1980,000 per month, KRW 1980,000 per month (including value-added tax), and the period from December 30, 2006 to December 30, 2009. The said lease was subsequently renewed. However, the Defendant had been in arrears as of February 2015, even if the Plaintiff had been in arrears due to the Defendant’s continuous delay in paying the said lease from the deposit, and the Plaintiff was in arrears with a deposit of KRW 13,20,000 as of February 20, 2015. Meanwhile, the Plaintiff notified the Defendant to pay the instant land in arrears within 3 months of February 20, 2014, notwithstanding the foregoing peremptory notice, it is clear that there was no dispute between the parties to the instant lease and the Defendant on February 4, 2015.

Therefore, the above lease is deemed to have been lawfully terminated on or around March 4, 2015, and the Plaintiff is obligated to deliver the pertinent land to the Plaintiff and to pay the amount of unjust enrichment equivalent to the rent calculated at the rate of KRW 13.2 million for unpaid rent and KRW 19.8 million for unpaid rent from August 1, 2015 to the delivery date of the instant land.

Therefore, the plaintiff's claim is justified within the scope of the above recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.

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