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(영문) 서울중앙지방법원 2015.12.10 2015가단62461

건물명도 등

Text

1. The Defendant shall deliver to the Plaintiff the third floor of 69.20 square meters among the real estate listed in the attached list, and on August 30, 2015, KRW 262,903 and KRW 262,903.

Reasons

1. In fact-finding, the Plaintiff agreed to pay the Defendant a deposit of KRW 10,00,000, monthly rent of KRW 990,000 (the value-added tax is the amount including value-added tax. 90,000 won is the amount including value-added tax) of the third floor among the real estate listed in the attached list owned by the Plaintiff (hereinafter “instant office”) from February 13, 2014 to February 12, 2016.

The rent was paid after the 13th day of each month, and the first six-month portion was paid in advance.

The Defendant did not pay 4,770,000 won out of the rent for the portion used until March 12, 2015, namely, the rent paid by March 13, 2015.

(1) Of 12,870,000 won, 8,100,000 won for 13 months was paid). Accordingly, on April 6, 2015, the date for filing the instant lawsuit, the amount of overdue rent has reached two or more rents, and on this ground, the instant complaint was served on the Defendant on May 20, 2015, and the lease was terminated.

In addition to KRW 8,100,000, there is no difference paid by the defendant.

The Defendant, on August 29, 2015, sent the key to the instant office to the real estate broker. However, the Defendant said the key to the instant office was to the effect that “the broker was aware of the dispute between the Defendant and the original and the Defendant after having been put into existence, and the broker was unable to leave the key, and only keeps the key, and the key was to return the key to the Plaintiff and to inform the entrance password after the dispute is terminated.”

[Ground of recognition] Facts without dispute, Gap evidence 1, 6 evidence, Eul evidence 2-1 to 4, the purport of the whole pleadings

2. The Defendant is obligated to pay the Plaintiff the rent of KRW 4,770,00 in arrears and the amount of unjust enrichment equivalent to the rent for use from March 13, 2015 to August 29, 2015.

Since the sum of rent or unjust enrichment after March 13, 2015 is KRW 5,492,903 ( KRW 990,000 x 517/31) and the sum of rent and unjust enrichment calculated by August 29, 2015 is KRW 10,262,903.

After termination of the lease.