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(영문) 서울중앙지방법원 2016.01.26 2015가단102987

건물인도 및 손해배상

Text

1. The Plaintiff:

A. Defendant B’s real estate from KRW 1,600,000 to KRW 5, 2015 from the Plaintiff.

Reasons

1. Basic facts

A. On November 3, 2014, the Plaintiff entered into a lease agreement with Defendant B, setting the lease term of the real estate listed in the separate sheet (hereinafter “instant real estate”) as KRW 20 million from November 5, 2014 to November 5, 2015, with the lease term of KRW 1.8 million from November 5, 2014 (hereinafter “instant lease agreement”). At that time, the Plaintiff received KRW 20 million from Defendant B the lease deposit for the instant lease agreement.

B. Defendant B occupied and used the instant real estate from November 5, 2014.

C. On March 19, 2015, the Plaintiff expressed to Defendant B a wish to terminate the instant lease agreement on the grounds that the instant lease agreement was not paid monthly for at least two months.

Defendant C occupies and uses the instant real estate from May 28, 2015.

E. On October 23, 2015, Defendant B paid to the Plaintiff KRW 5 million out of the unpaid rent under the instant lease agreement.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 5, purport of whole pleadings

2. According to the facts of the determination as to the claim against Defendant B, the instant lease agreement was terminated by the Plaintiff’s declaration of termination on the grounds of unpaid rent for at least two months in the month of Defendant B. As such, Defendant B, the lessee of the instant lease agreement, at the Plaintiff’s request, deducted the remaining lease deposit amount of KRW 1.6 million (=20 million of the lease deposit of the instant lease agreement - the unpaid rent and the amount of unjust enrichment of KRW 18.4 million (=2,34 million of the rent and the amount of unjust enrichment of the rent not paid as of December 5, 2015) from the remainder of the lease deposit amount of KRW 5,00,000,000,000 from the date of December 5, 2015 to the date of December 2015). < Amended by Act No. 13588, Oct. 23, 2015>