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(영문) 서울중앙지방법원 2017.04.27 2016가단104805

건물인도

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1. The defendant shall be the plaintiff.

A. Of the real estate listed in the attached list, the two stories and the three-story 164.04 square meters each are handed over, and B.

Reasons

1. Basic facts

A. On March 21, 2014, the Plaintiff entered into each of the instant lease agreements (hereinafter “each of the instant lease agreements”) with the Defendant, setting the following terms as to the second and third floors among the real estate listed in the separate sheet (hereinafter “the instant lease agreements”) as follows:

The lease period: From April 20, 2014 to April 19, 2015, each deposit: 3 million won for each 3 million won: 3 million won for each 2nd floor, 2.75 million won for each 3rd floor (each separate value-added tax, each 20th day for each month). Where the rent is overdue for at least one month, additional 3% shall be paid, and the lessor may terminate the contract at the time of default for at least 3 months.

Management expenses: 250,000 won each (excluding value-added tax)

B. From July 20, 2014, the Defendant delayed the rent and management expenses, and the Plaintiff expressed his/her intent to terminate each of the instant lease agreements as the instant complaint on the grounds of this, and the duplicate of the instant complaint was served on the Defendant on September 19, 2016.

[Grounds for recognition] Partial disputes or obvious facts in records, Gap evidence 2-1 and 2-2, and the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, since each of the instant lease contracts was lawfully terminated by the Plaintiff’s expression of intention of termination due to the Defendant’s delinquency in rent, the Defendant is obligated to deliver the leased object of this case to the Plaintiff, pay the overdue rent and management expenses, and return unjust enrichment from the possession and use of the leased object of this case after the date of termination.

B. We examine the amount of money that the defendant should pay to the plaintiff.

1) Monthly rent and additional dues, including value-added tax, from July 20, 2014 to September 19, 2016, which the Defendant is obligated to pay to the Plaintiff from July 20, 2014, are 6,514,750 won (=(3 million to 2750,000) ¡¿ (110%) ¡¿ (110%) ¡¿ (13%) ¡¿ (13%). The amount of monthly unjust enrichment from possession and use of the leased object of this case after the termination date.