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Reasons
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(영문) 의정부지방법원고양지원 2019.07.19 2019가단77411
건물명도(인도)
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1. The defendant

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

B. From April 1, 2019, the above real estate.

Reasons

1. Facts of recognition;

A. On September 3, 2018, the Plaintiff entered into a lease agreement with the Defendant on the real estate jointly owned by the Plaintiff and C (hereinafter “instant real estate”).

(A) Certificate 7, 200,000 for monthly rent of KRW 15,00: The lessor may terminate the lease contract if the lessee fails to pay the monthly rent of KRW 1,000 for the period from March 19, 2018 to March 18, 2019.

Until June 19, three months shall be paid KRW 1,050,000 monthly rent of KRW 1,050,000, and KRW 15,000,000 monthly rent of KRW 1,00,000 from July to July.

B. On March 19, 2018, the Plaintiff received KRW 10,000,000 out of the lease deposit from the Defendant and delivered the instant real estate to the Defendant.

C. From July 2018, the Defendant did not pay to the Plaintiff the monthly rent under the instant lease agreement.

On March 25, 2019, the Plaintiff submitted to this court a complaint indicating that the Defendant had not paid two or more times a monthly rent under the instant lease agreement, and that the instant lease agreement was terminated. The duplicate of the complaint was served on the Defendant on April 27, 2019.

(Evidence in Records). 【No dispute exists, entry in Gap evidence 1 to 34, the purport of the whole pleadings.】

2. According to the above facts finding as to the cause of the claim, the instant lease agreement was terminated as the Defendant’s nonperformance of obligation.

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff.

In addition, the Defendant is obligated to pay the monthly rent under the instant lease agreement prior to termination, and the Defendant gains a profit equivalent to the monthly rent by making use of and benefit from the instant real estate without any legal cause after termination. As such, the amount of the monthly rent is obligated to be returned to the Plaintiff as unjust enrichment.

After all, the defendant.

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