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(영문) 서울동부지방법원 2019.05.07 2018가단24883
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

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

(b)payment of 12,100,000 won and c.

Reasons

1. If the purport of the entire argument is added to the evidence Nos. 1 through 3 of the judgment as to the cause of the claim, the Plaintiff leased real estate listed in the separate sheet owned by himself (hereinafter “instant real estate”) from July 10, 2016 to May 18, 2016 as KRW 650,000 for a period from July 10, 2016 to July 24, 2016, without a lease deposit; the Defendant was in possession and use of the instant real estate until now; the Plaintiff was notified the Defendant of the termination of the lease on the ground of arrears for at least two (2) years around November 26, 2018; and the Plaintiff was paid from the Defendant a total of KRW 7,400,000 for rent from July 18, 2016 to May 18, 2018.

According to this, since the lease between the plaintiff and the defendant was lawfully terminated, the defendant delivered the real estate of this case to the plaintiff, and as calculated by the plaintiff, the remaining 12,100,000 won out of the overdue rent that occurred until December 9, 2018 (the overdue rent that occurred first from the overdue rent that was paid by the defendant was appropriated in the order) is liable to return unjust enrichment equivalent to the rent calculated in the ratio of 650,000 won per month from December 10, 2018 to the completion date of delivery of the real estate of this case.

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

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