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(영문) 울산지방법원 2020.06.19 2019가단124214

건물인도

Text

1. The defendant shall be the plaintiff.

(a) the delivery of Yangsan-si C apartment D;

B. 3,769,700 Won and its equivalent May 8, 2020

Reasons

1. Indication of claim;

A. On March 2, 2019, the Plaintiff leased Yangsan-si C Apartment D (hereinafter “instant apartment”) to the Defendant with the lease deposit of KRW 10 million, monthly rent of KRW 450,000,000, and the lease term from March 8, 2019 to March 7, 2021.

(hereinafter “instant lease agreement”). B.

The Plaintiff and the Defendant agreed to pay the monthly rent in advance on the 8th day of each month at the time of the instant lease agreement, and to apply the overdue interest rate of 15% per annum at the time of unpaid monthly rent 2.

C. The Defendant paid only one million won out of the lease deposit under the instant lease agreement to the Plaintiff, and did not pay the remainder of nine million won. From September 8, 2019 to May 7, 2020, the Defendant did not pay KRW 3.6 million in total for eight months.

The late payment charge for the six-month period calculated by the ratio of 15% per annum for the monthly rent of 450,000 won to be paid on September 8, 2019 is 3,750 won (=450,000 won x 15% x 6/12 months).

The Defendant did not pay KRW 635,950 in total the management expenses and late payment fees from September 2019 to March 2020.

E. The defendant destroyed the door of the apartment of this case and its repair cost is equivalent to KRW 500,000.

F. Since the Plaintiff terminated the instant lease contract on the grounds of the Defendant’s delinquency in rent, the Defendant is obligated to deliver the instant apartment to the Plaintiff as restitution, and pay the Plaintiff the remainder of KRW 3,769,700 after deducting one million from the aggregate of KRW 4,769,700,000 of the monthly rent and late rent in arrears, unpaid management expenses, and repair expenses, and damages for delay. From May 8, 2020 to the completion date of the delivery of the said apartment, the Plaintiff is obligated to pay unjust enrichment equivalent to the monthly rent calculated at the rate of KRW 450,000 per month.

2. Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act).