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(영문) 서울북부지방법원 2019.02.15 2018가단17768
건물명도 등
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached Form.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Facts of premise;

A. On March 16, 2016, the Plaintiff, the owner of the real estate indicated in the separate sheet (hereinafter “instant apartment”) leased the instant apartment to the Defendant with the following content (hereinafter “the instant lease”). The Defendant paid all the lease deposit to the Plaintiff.

On June 15, 2016 through June 14, 2018, Article 4: If the lessee’s delayed amount of rent exceeds two-term rents, or violates Article 3, the lessor may terminate this contract without delay.

B. The Defendant resided in the above apartment complex upon delivery on February 15, 2018, but did not pay for nine months after the late payment due, etc. on or around March 13, 2018. On or around March 13, 2018, the Plaintiff returned only 30,000,000 won with the Defendant’s ancillary account after deducting the unpaid monthly rent from the deposit.

C. The Defendant continued to reside in the apartment of this case even after the expiration of the lease term of this case, and the unpaid monthly rent amounting to KRW 19,500,000 in total by the expiration date.

On the other hand, around July 15, 2018, the defendant agrees to deliver the apartment of this case to the plaintiff's mobile phone by August 30, 2018, and if the promise is made, the defendant agrees to execute the compulsory surrender.

The message sent text messages to the effect that "....."

E. However, if the Defendant did not deliver the above apartment within the above period, the Plaintiff filed the instant lawsuit seeking unjust enrichment equivalent to the delivery and monthly rent of the above apartment on September 4, 2018, and the Defendant resided in the above apartment and refused to deliver it at the time of the closing of argument in the instant case.

[Ground of recognition] Facts without dispute, entry of Gap 1-3 evidence, purport of the whole pleadings

2. Determination

A. (i) According to the premise facts, the Defendant’s failure to pay monthly rents for at least nine months during the instant lease period, and accordingly deducted unpaid monthly rents before the instant lease period expires.

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