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(영문) 인천지방법원 2019.07.03 2018가단24881

건물명도등

Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. From August 15, 2018, the above-mentioned A

subsection (b).

Reasons

1. Facts of recognition;

A. On April 15, 2016, the Plaintiff agreed to lease real estate listed in the separate sheet (hereinafter “instant real estate”) between the Defendant and his/her own owner, with a deposit of KRW 3,00,000, monthly rent of KRW 400,000 (after April 14, 2016), and the lease term of KRW 400,000 (after April 15, 2016). The lease term shall be from April 15, 2016 to April 14, 2017; it may be automatically extended, and at the time of default of rent for more than two months, the Plaintiff delivered the instant real estate to the Defendant (hereinafter “instant lease agreement”); and thereafter, the Plaintiff transferred the instant real estate to the Defendant.

B. As the Plaintiff was not paid monthly rent from October 14, 2017, around April 2018, around April 20, the Plaintiff sent to the Defendant proof that “The Defendant did not pay monthly rent from October 14, 2017, and the amount of KRW 2,800,000 is overdue due to the Defendant’s failure to pay the monthly rent, and on March 2017, the Defendant did not pay the rent despite the demand for payment of the rent.” On August 16, 2018, the Plaintiff submitted the instant complaint stating that the instant lease was terminated, and the duplicate of the complaint was served to the Defendant on August 23, 2018.

[Reasons for Recognition] Each entry of Gap's evidence Nos. 1 through 5, the purport of the whole pleadings

2. According to the fact that the instant lease contract was terminated, the Defendant delivered the instant real estate to the Plaintiff. As so, the Defendant transferred the instant real estate, and KRW 3,371,450 with the amount of unjust enrichment equivalent to the monthly rent or monthly rent that has been deducted as requested by the Plaintiff, as requested by the Plaintiff, (4,400,000 from October 14, 2017 to August 14, 2018, and the unpaid management fee of KRW 1,971,450 to August 1, 2018, and the unpaid management fee of KRW 1,971,450 - KRW 3,000,000 from August 24, 2018 to May 31, 2019; and KRW 15% per annum from the next day to May 31, 2019 to October 10, 2018; and the real estate in this case from August 10, 2018 to August 4, 10.