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(영문) 의정부지방법원 2015.12.18 2015나8873

건물명도 등

Text

1. Of the parts concerning the rent and the claim for return of unjust enrichment in the judgment of the court of first instance, the payment order in paragraph 2 below is ordered.

Reasons

1. Facts of recognition;

A. On December 16, 2010, the Plaintiff entered into a lease agreement with the Defendant to lease the indicated real estate (hereinafter “instant building”) indicated in the attached Table as KRW 15,00,000 from January 1, 201 to December 31, 2013, with the lease term of KRW 15,000,000 for lease deposit, and KRW 1,200,000 for the rent month (hereinafter “instant lease agreement”). The Defendant around that time paid the Plaintiff KRW 15,00,00 for lease deposit, and the Defendant occupied and used the instant building by delivery from the Plaintiff on January 1, 201.

B. From January 1, 2014 to January 1, 2015, the Plaintiff agreed to extend the term of lease from January 1, 2014 to January 1, 2015, and to increase the rent to KRW 1,400,000 per month during the said extension period.

C. The Defendant paid to the Plaintiff the rent from January 1, 201 to September 30, 2013 and the rent from November 1, 2013 to August 31, 2014.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 5, Eul's 2 (including each number), the purport of the whole pleading

2. The assertion and judgment

A. According to the facts of the Plaintiff’s assertion, the instant lease agreement was terminated on January 1, 2015, and thus, the Defendant is obligated to deliver the instant building to the Plaintiff. (ii) According to the facts of the said recognition, the Defendant is obligated to pay the Plaintiff the rent of KRW 1,200,00 from October 1, 2013 to the end of the same month, and the rent of KRW 5,645,161 for four months from September 1, 2014 to January 1, 2015 (=1,40,000 + KRW 1,40,000 】 (41/31 for April 1, 20), and KRW 6,845,161 for the aggregate of the rent of KRW 1,20,00,00 for four months from the end of the same month (hereinafter the same shall apply).

According to the above facts, the defendant, after the completion of the instant lease contract, has occupied and used the instant building until now, gains equivalent to the benefits of its use.