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(영문) 의정부지방법원고양지원 2015.09.24 2015가단8639

건물명도 등

Text

1. The Defendant shall pay 3,143,290 won to the Plaintiff and 20% per annum from April 26, 2015 to the day of complete payment.

Reasons

Facts of recognition

On June 26, 2012, the Plaintiff concluded a lease agreement and continued to renew the lease agreement by setting the lease deposit amount of KRW 2,00,000,000, monthly rent of KRW 550,000 (prepaid on July 3, 2012), from July 3, 2012 to July 2, 2013.

However, the Defendant delayed the monthly rent for three-months, including the portion on June 2014, the portion on October 10, and the portion on November 1, 2014. On November 3, 2014, the Plaintiff sent to the Defendant a certificate of the content that the instant lease contract was terminated on the grounds that the instant lease was terminated on at least two occasions, and the said certificate of content reached the Defendant around that time.

Accordingly, the Defendant paid 50,000 won in arrears to the Plaintiff on December 3, 2014, and KRW 470,000 on January 14, 2015, and KRW 80,000 on January 17, 2015, respectively, and handed over the instant real estate on July 24, 2015.

In addition, the defendant did not pay a total of 358,290 won for the management expenses of the portion on May 2015 or July 2015, which was imposed on the instant real estate.

[Ground of recognition] In light of the fact that there is no dispute, Gap's evidence Nos. 1, 2, 5, and 6, and the purport of the entire pleadings, it is determined that the lease contract of this case was terminated on or around November 3, 2014. Thus, the defendant is obligated to pay to the plaintiff the overdue rent up to November 3, 2014, the amount equivalent to the rent of the instant real estate from the following day to the delivery of the instant real estate, and the overdue unjust enrichment and the overdue management fee.

Therefore, the Defendant served on the Plaintiff the remainder of KRW 2,785,00,00 (=4,785,000 - 2,000 x 21/30) remaining 2,785,00,000, which the Plaintiff deducted from the deduction amount of KRW 4,40,000 ( KRW 550,000 ( KRW 550,000) x 8 months) plus the amount of delayed rent or unjust enrichment equivalent to the amount of the rent from February 24, 2015 to July 24, 2015 ( KRW 4,785,00) - 2,785,000,00 ( KRW 2,000,000 - 2,000 - 358,200,000 - 2,000,000).