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(영문) 서울남부지방법원 2019.04.10 2018가단250371
건물명도(인도)
Text

1. The Defendant shall deliver to the Plaintiff the real estate indicated in the attached list, and from May 19, 2018, the said real estate.

Reasons

1. Facts of recognition;

A. On January 3, 2018, the Plaintiff leased the real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant as KRW 15 million in lease deposit and KRW 1.65 million in monthly rent.

(hereinafter referred to as “instant contract”). B.

The Defendant occupied and used the instant real estate without paying rent from May 19, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. The instant contract was terminated by serving a copy of the complaint containing an expression of intent to terminate the instant contract on the grounds of the delinquency in payment of not less than three times of rent.

The Defendant is obligated to deliver the instant real estate to the Plaintiff and pay the Plaintiff unjust enrichment equivalent to the rent or rent, calculated by the rate of KRW 1.65 million per month from May 19, 2018, which is the date of commencement of the rent-to-rent, to the date of completion of delivery of the said real estate.

B. The Defendant alleged to the effect that the heating of the instant real estate was not properly maintained, and that the Plaintiff did not pay the rent because it did not implement the agreement to pay KRW 100,000 per month as a subsidy for management expenses. However, there is no evidence to acknowledge that there was an agreement to pay the rent, and even if such agreement exists, it is difficult to view that the violation of the agreement constitutes a ground for refusing to pay rent.

The defendant's argument is without merit.

3. The plaintiff's claim for conclusion is reasonable, and it is so accepted as per Disposition.

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