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(영문) 서울서부지방법원 2015.12.11 2015가단228563

건물명도 등

Text

1. The Plaintiff:

A. The Defendants jointly deliver the buildings listed in the separate sheet to the Defendants, and the said buildings from July 25, 2015.

Reasons

1. Facts of recognition;

A. A. Around June 2014, the Plaintiff leased the building listed in the separate sheet to Defendant Incorporated Association A as KRW 67,200,000, the contract period from April 1, 2014 to March 31, 2016, monthly rent of KRW 3,360,00 (excluding value-added tax), monthly management fee of KRW 2,763,750 (excluding value-added tax) and monthly management fee of KRW 2,763,750 (excluding value-added tax).

(Retailing the former lease). At the time, in the event of delinquency in the payment of rent and management expenses, the Plaintiff would pay compensation for delay applying the highest interest rate on the loan of general funds, and the contract may be terminated if the rent and management expenses are unpaid for at least two consecutive months.

The defendants occupy and use the above building together.

B. On or after October 2014, Defendant A, an incorporated association, did not pay rent and management expenses, and the Plaintiff notified that the said lease contract was terminated on or around April 24, 2015.

Rent, management expenses, and delayed compensation payable as of July 24, 2015 are KRW 69,275,442.

(Accounting Basis is the same as the statement of delayed compensation in the annexed Form). 3. [Reasons for Recognition] The fact that there is no dispute, each entry in Gap 1 through 9 (including each number), the purport of the whole pleadings.

2. According to the facts of the above recognition, the Defendants are obligated to deliver the above building to the Plaintiff, and upon the Plaintiff’s request, the Defendant Incorporated Foundation A is obligated to pay the amount (2,075,442 won) calculated by deducting the unpaid rent, management expenses, and delayed compensation from the deposit, and delay compensation until July 24, 2015, and the Defendants are obligated to pay unjust enrichment equivalent to the rent and management expenses (6,736,120 won per month) from the date of delivery of the building after July 25, 2015.