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(영문) 서울동부지방법원 2019.04.23 2018가단136717
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) deliver the first floor of the building indicated in the attached list 216.68 square meters;

(b)72,123,730 won;

Reasons

1. Where the purport of the entire argument is added to the statement in Gap evidence Nos. 1, 4, and 7 (including the provisional number) as to the cause of the claim, the plaintiff, on January 3, 2017, leased the real estate listed in the attached list owned by the plaintiff (hereinafter referred to as "instant commercial building") as of January 3, 2017, with the lease deposit amount of KRW 100 million, monthly rent of KRW 800,000 (Additional Tax), management expenses monthly management expenses (Additional Tax) and KRW 780,000 (Additional Tax) as of October 2015, the end of October 2017, and the lease (hereinafter referred to as "the lease of this case") was leased to the defendant by the last day of October 2017, the defendant delayed using the commercial building of this case on three or more occasions while transferring the commercial building of this case. Accordingly, if the plaintiff fails to pay the above rent and management expenses to the defendant by August 22, 2017.

It is recognized that the defendant did not pay KRW 72,123,730 in total the rent, management fee, and electricity fee from March 2018 to September 2018.

According to the above facts, since the lease of this case was lawfully terminated, the defendant is obligated to deliver the commercial building of this case to the plaintiff, pay 72,123,730 won, such as overdue rent, etc., and return the amount of unjust enrichment equivalent to the rent of 9,658,00 won per month from September 28, 2018 to the completion date of the delivery of the commercial building of this case.

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

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