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(영문) 서울남부지방법원 2018.04.27 2017가단32743
건물인도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

B. From 23,817,880 won and December 1, 2017, the same shall apply.

Reasons

1. Facts of recognition;

A. On July 19, 2016, the Plaintiff entered into a contract with the Defendant for the lease deposit of KRW 20,000,000, monthly rent of KRW 2,200,000 (including value-added tax), and the period from August 1, 2016 to July 31, 2018 with respect to the buildings listed in the separate sheet (hereinafter “instant building”) as indicated in the separate sheet (hereinafter “instant lease contract”). However, if the lessee fails to pay monthly rent for at least three months, the lessor may terminate the lease contract (hereinafter “instant lease contract”).

B. Accordingly, the Defendant, upon delivery of the instant building, has occupied and used it from August 1, 2016 to the present date. The Defendant’s failure to pay monthly rent as well as the management fee in arrears amounting to KRW 19,80,000 for nine months from November 30, 2017, the monthly rent in arrears was KRW 4,017,880.

C. On the other hand, around November 9, 2017, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the ground of the delinquency in monthly rent for at least three months.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6, Gap evidence No. 5-1 through 3, the purport of the whole pleadings

2. According to the facts of the above recognition, the instant lease contract was terminated by the Plaintiff’s expression of intention of termination on the grounds of the Defendant’s delinquency in monthly rent around November 9, 2017. Thus, the Defendant is obligated to deliver the building indicated in the attached list to the Plaintiff upon the termination of the contract to the original state following the termination of the contract, and pay to the Plaintiff unjust enrichment equivalent to the monthly rent of KRW 23,817,880, which is the sum of KRW 19,800,000 in arrears and KRW 4,017,880 in arrears management expenses and KRW 23,817,880 in arrears, and the amount of unjust enrichment equivalent to the monthly rent of KRW 2,20,000, calculated from December 1, 2017 to the completion date of delivery of the said building.

The joint representative director of the defendant company is registered as the joint representative director of the defendant company as the former representative director of the defendant company and the current auditor C, so the plaintiff is required to file a lawsuit against C, but the above argument alone is the defendant company's objection.

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