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(영문) 서울동부지방법원 2018.08.24 2018가단4070
건물명도(인도) 등
Text

1. The defendant shall be the plaintiff.

A. Of the 81.75 square meters of the 1st floor of the building listed in the attached list, the indication of the attached drawings shall be as follows: (a), (b), (c), (d), (e).

Reasons

1. Determination as to the cause of claim

A. On March 6, 1998, the Plaintiff leased approximately KRW 38 square meters of housing indicated in the order to the Defendant for a period of KRW 10 million and KRW 350,000 per month for lease deposit, and KRW 24,000 per month for a period of KRW 350,000 per month. The Plaintiff extended the oral period at the expiration of the contract and increased the rent by KRW 400,00 per month. The Defendant, while continuing to pay rent from November 2015 to March 13, 2017, would pay the Plaintiff a sum of KRW 7,60,000,000 in unpaid rent by May 31, 2017, the Plaintiff, regardless of the reasons for the refusal, promises the director, regardless of the reasons for refusal.

“The Plaintiff, on February 14, 2018, prepared a letter of commitment, but failed to comply with the commitment, and the Plaintiff, on the ground that the Defendant failed to implement the commitment as above and fails to pay the rent for a long time (the rent in arrears as of January 31, 2018: KRW 27 months: KRW 10.4 million) was sent by content-certified mail to immediately deliver the said house, and there is no counter-proof, and the Plaintiff was paid KRW 2 million out of the rent in arrears by the Defendant on April 16, 2016.

B. According to the above facts, the above lease contract between the plaintiff and the defendant was lawfully terminated at the time of arrival of the defendant of the above notification seeking restitution on the premise of termination of the contract on the ground of the defendant's delinquency in rent.

Therefore, the defendant delivered the above leased house to the plaintiff due to its reinstatement, and from April 1, 2016, the plaintiff received two million won from the defendant from November 1, 2015 to March 31, 2016, the plaintiff applied for the rent from April 1, 2016.

Until the completion date of delivery of the leased house, there is a duty to pay the rent or unjust enrichment equivalent to the rent, calculated at the rate of KRW 400,000 per month.

2. The defendant's assertion does not dispute the amount of rent in arrears or there is no evidence to acknowledge that the plaintiff paid the amount of rent in addition to the plaintiff's amount of rent in arrears. Thus, the above assertion is without merit.

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