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(영문) 수원지방법원 2019.01.17 2018가단533092
건물명도(인도)
Text

1. The Defendant shall deliver to the Plaintiff the real estate indicated in the attached list, and the said building shall be KRW 18,480,000 and from July 1, 2018.

Reasons

Facts of recognition

On March 2, 2017, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant with the terms of lease deposit of KRW 30,00,00,000, KRW 2,400,000 (value-added tax separate, monthly payment of KRW 30,000) for the rent month, and the lease term of March 30, 2019 for the lease (hereinafter “instant lease agreement”) and agreed that the Plaintiff may terminate the lease agreement if the Defendant delays the payment of rent for at least three months.

The Plaintiff transferred the instant real estate to the Defendant around that time.

From December 2017, the Defendant did not pay the Plaintiff the rent under the instant lease agreement.

[Grounds for recognition] According to the facts of recognition as to the entries in Gap evidence Nos. 1 through 3 (including each number of documentary evidence) and the purport of the whole pleadings, the lease contract of this case was lawfully terminated by the delivery of the copy of the complaint of this case on the ground of the defendant's delinquency in rent, and the defendant is obligated to deliver the real estate of this case to the plaintiff, and pay to the plaintiff the rent of 18,480,000 won (=2,40,000 won x 1.1 x 7 months) for seven months from December 2017 to June 2018, and to pay the rent of 2,640,000 won calculated at the rate of 2,00,000 won per month from July 1, 2018 to the delivery of the real estate of this case and the unjust enrichment of the rent of this case.

The claim of this case is accepted.

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