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(영문) 수원지방법원안양지원 2017.12.13 2017가단8676

건물인도 등

Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

(b) As from December 11, 2017, KRW 940,00 and the above.

Reasons

1. In addition to the whole purport of the pleadings as to the cause of the claim Gap's evidence Nos. 1 through 3 (including various numbers), the plaintiff leased the building indicated in the separate sheet (hereinafter "the building in this case") to the defendant on January 5, 2016, with the lease deposit of KRW 5,000,000, the lease deposit of KRW 10,000 from January 11, 2016 to January 10, 2016, the lease of KRW 50,000, the monthly rent of KRW 40,000, the management fee of KRW 40,000 (hereinafter "the building in this case"), and the defendant occupied and used the building in this case from the plaintiff to the date of delivery, and the defendant did not pay the rent and management fee to the plaintiff from December 10, 2016 to June 20, 2017, and the plaintiff did not pay the same legal burden to the defendant on delay and payment of the management fee.

The fact that a duplicate of the complaint of this case, stating the Plaintiff’s declaration of intent to terminate the instant lease agreement on the grounds of arrears over the amount of two or more rents of the Defendant, was delivered to the Defendant on August 18, 2017 is apparent.

Therefore, inasmuch as the instant lease agreement was lawfully terminated on August 18, 2017, the Defendant is obligated to pay to the Plaintiff a reasonable amount of unjust enrichment, such as overdue rent, calculated at the rate of KRW 940,000 per month from December 11, 2017 to the completion date of delivery of the instant building, which is calculated at the rate of KRW 540,000 per month from the delivery of the instant building, due to restitution to its original state and return of unjust enrichment.

2. In conclusion, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.