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(영문) 수원지방법원성남지원 2020.02.12 2019가단205212
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

A. Attached Form

1. To deliver a building entered in the list;

(b)16,600,000 won and this in respect thereof;

Reasons

1. Facts of recognition;

A. On October 18, 2018, the Plaintiff attached to the Defendant on October 18, 2018

1. On October 18, 2018, the lease deposit amount was KRW 100 million, the lease deposit was between October 18, 2018 and October 17, 2020 (24 months), the monthly rent was KRW 880,000 (including value-added tax), and the annual rent was KRW 990,000 (including value-added tax) for two years.

(hereinafter referred to as “the lease of this case”) B.

The Defendant paid only one monthly rent to the Plaintiff as to the instant lease, and did not pay it from November 18, 2018. From February 2019, the management fee was not paid to the Plaintiff. The details of the Defendant’s unpaid rent, etc. as of December 6, 2019 are as follows.

2. The same as the description in the list; and

C. On the other hand, on February 19, 2019, the Plaintiff sent to the Defendant a notice of the termination of the instant lease agreement on the grounds of unpaid rent, etc., by content-certified mail, and the said mail was served on the Defendant on February 20, 2019.

However, at the time of termination of the instant lease agreement, the Defendant agreed to remove all annexed facilities installed by the Defendant and all facilities taken over by the former lessee and restore the building to its original state and deliver the building of this case. The Defendant still did not complete the restoration to its original state.

【Reasons for Recognition】 Each entry of Gap evidence Nos. 1 and 4, the purport of the whole pleadings

2. According to the judgment and the facts of the above recognition, the lease of this case was terminated on February 20, 2019.

As such, the defendant shall deliver the building of this case to the plaintiff, and ② from November 18, 2018 to December 17, 2019, the sum of the rent due to the possession of the building of this case and the amount of unjust enrichment equivalent to 116.6 million won, as requested by the plaintiff, the defendant shall pay damages for delay calculated at the rate of 12% per annum as provided by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from February 13, 2020 to the date of full payment after the date of this decision, as requested by the plaintiff.

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