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(영문) 서울남부지방법원 2017.09.15 2017가단12022

건물명도 등

Text

1. The defendant shall be the plaintiff.

(a) deliver all strata 78.54 square meters of land among the real estate listed in the attached list;

(b) 8,150,000 won;

Reasons

Comprehensively taking account of the purport of each statement in Gap evidence Nos. 1 through 3, the plaintiff agreed on July 14, 2015 to adjust the amount of KRW 1,00,000 as deposit money, KRW 400,000 monthly rent (excluding public charges) and the period from May 20, 2015 to May 20, 2017. At the time of the above lease agreement, the plaintiff and the defendant agreed to pay KRW 500,00 as deposit money or KRW 3,00,000 as deposit money, and the defendant did not pay the above amount of KRW 7,000 to the defendant on the grounds that the lease agreement had been operated from May 20, 2015, the defendant did not raise the above amount of KRW 1,00 as deposit money, KRW 40,000 as deposit money, and KRW 7,000 as deposit money and the above amount of KRW 7,000 for the reason that the contract was terminated from October 21, 2017, 2017.

According to the above facts, the above lease contract was lawfully terminated on June 7, 2017 according to the plaintiff's expression of intention of termination.

Therefore, barring special circumstances, the Defendant is obligated to deliver the instant real estate to the Plaintiff and pay the Plaintiff the sum of unpaid rent and public charges KRW 8,150,000 and the unjust enrichment from February 21, 2017 to the completion date of delivery of the said real estate.

As to this, the defendant alleged that he was unable to pay the rent by being confined to the prison for nine months from February 25, 2016, and that the monthly rent was increased to 500,000 won. However, the defendant's assertion that the above grounds alleged by the defendant are hard to be deemed to be an inevitable reason for the unpaid rent. At the time of the above lease agreement, the plaintiff and the defendant agreed to adjust the rent to KRW 500,000 or the deposit to KRW 3,000,000, and accordingly, the rent was increased to KRW 400,000 from January 25, 2016 to KRW 50,000.