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(영문) 서울동부지방법원 2015.06.17 2014가단44650

건물명도, 임대료

Text

1. The Plaintiff:

(a) Defendant B shall pay KRW 1,700,000,000;

B. Defendant C shall have the real estate listed in the attached Form.

Reasons

On March 14, 2010, the Plaintiff leased the real estate attached thereto, as KRW 3 million, KRW 3 million, KRW 350,000 per month, and KRW 3,50,000 per month, to Defendant B, the above Defendant did not pay KRW 1,70,000 out of the rent for the above lease. On September 28, 2012, the Plaintiff leased the said real estate to Defendant C with KRW 3 million and KRW 3,50,000 per month of rent. The above Defendant did not pay the rent once. The Plaintiff notified the termination of the said lease on February 17, 2014, and the above notification was delivered to the said Defendant around that time. The Defendant C still occupied and used the said real estate by taking into account the purport of the entire pleadings as stated in subparagraphs 1 through 3, and it shall be deemed that the Plaintiff and the above Defendant led to the confession.

Therefore, Defendant B shall pay to the Plaintiff the unpaid rent of KRW 170,00,000, Defendant C shall deliver the real estate indicated in the attached Form, and Defendant C shall pay the unpaid rent from September 28, 2012 to September 27, 2014, or unjust enrichment of KRW 8.4 million equivalent to the rent (=350,000 won x 24 months) and the rent calculated at the rate of KRW 3.50,000 per month from September 28, 2014 to the delivery date of the said real estate. Therefore, the Plaintiff’s claim against the Defendants shall be accepted for all reasons and shall be decided as per Disposition.