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(영문) 수원지방법원 2019.06.27 2019가단2335
건물명도등
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. As from January 26, 2019, the delivery of the said real estate.

Reasons

1. In light of the purport of the entire pleadings in evidence Nos. 1 and 2, the Plaintiff: (a) on January 20, 2018, leased real estate indicated in the attached list to the Defendant with the lease deposit amount of KRW 5 million; (b) monthly rent of KRW 500,000; and (c) lease term of KRW 25,000; and (d) on January 3, 2019, the Plaintiff sent the Defendant with a content-certified mail containing an expression of intent to refuse the renewal of the above lease; (b) however, the Defendant may be found to have continued possession and use of the said real estate even after the said lease term expired; and (c) there is no counter-proof.

2. According to the above facts, the above lease contract was terminated upon the expiration of the term.

Therefore, the defendant is obligated to deliver the above real estate to the plaintiff, barring special circumstances, and to pay unjust enrichment calculated by the ratio of KRW 500,000 per month, which is equivalent to the rent from January 26, 2019 to the completion date of delivery of the above real estate.

3. If so, the plaintiff's claim of this case is reasonable, and it is decided as per Disposition with the assent of all participating Justices.

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