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(영문) 서울남부지방법원 2015.10.22 2015가단12721
건물인도
Text

1. The Defendant shall deliver from the Plaintiff KRW 40 million to December 10, 2014, Seoul Yangcheon-gu C and 102 Dong 803, respectively.

Reasons

1. Basic facts

A. On April 10, 2013, the Plaintiff entered into a lease agreement with the Defendant (hereinafter “instant lease agreement”) with regard to the apartment as stated in the Disposition Paragraph (1) (hereinafter “instant apartment”) with the deposit amount of KRW 40 million, monthly rent of KRW 1050,000,000, and the term of lease from April 10, 2013 to April 9, 2015, and received KRW 40 million as the deposit.

B. However, from May 2013 to July 10, 2015, the Defendant paid only the monthly rent of KRW 21 million to the Plaintiff. This constitutes the monthly rent for 20 months from April 10, 2013 to December 9, 2014.

C. Meanwhile, on March 30, 2015, the duplicate of the instant complaint containing an expression of intent to terminate the instant lease agreement on the grounds of delinquency in rent reaches the Defendant.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4 (including paper numbers) and the purport of the whole pleadings

2. According to the facts stated earlier, the instant lease agreement was lawfully terminated on March 30, 2015, where the duplicate of the complaint of this case reaches the Defendant.

Therefore, the Defendant is obligated to receive from the Plaintiff the remainder of money calculated at the rate of KRW 40 million from December 10, 2014 to the completion date of delivery of the instant apartment from December 10, 2014, deducting the rent or unjust enrichment equivalent to the rent from KRW 1050,000 per month, and simultaneously deliver the said apartment to the Plaintiff.

3. For this reason, the Plaintiff’s claim is accepted as a whole.

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