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(영문) 서울서부지방법원 2019.05.03 2018가단222382
건물명도(인도)
Text

1. The defendant

(a) Indication of the building status drawings in attached Form 1, (2), (3), (4), and (1) respectively;

Reasons

1.The following facts may be acknowledged either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence 1 to 5:

The plaintiff (Lessor) and the defendant (Lessee) are ordered on September 8, 2016.

With respect to the real estate stated in paragraph (1)(hereinafter referred to as the “instant store”), lease agreements were concluded by setting the lease deposit amount of KRW 25,000,000, monthly rent of KRW 2,860,000 (including value-added tax), and the lease period of the lease by August 21, 2026.

B. The Defendant did not pay 37,180,000 won (2,860,000 won x 13 months) in total for 13 months from March 2018 to March 2019.

C. On June 1, 2018, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the ground that the monthly rent is unpaid, etc.

2. According to the above facts, since the lease contract of this case was lawfully terminated, the defendant delivered the store of this case to the plaintiff, and paid 12,180,000 won (the annual rent of 37,180,000 won - the lease deposit of 25,00,000 won). From April 1, 2019 to the completion date of delivery of the store of this case, the defendant shall pay unjust enrichment equivalent to the rent of 2,860,000 won per month.

3. Full acceptance of the Plaintiff’s claim

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