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(영문) 서울서부지방법원 2015.04.30 2014가단220104

건물명도

Text

1. The Defendant shall pay to the Plaintiff KRW 20,50,000 and the interest rate of KRW 20% per annum from January 8, 2015 to the day of complete payment.

Reasons

1. Basic facts

A. On October 1, 2013, the Plaintiff entered into a lease agreement with the Defendant and the Seoul Metropolitan Government on the sum of 146.16 square meters for 2 stories and 73.08 square meters for 3 stories among the three-story buildings of reinforced concrete structure C in Eunpyeong-gu (hereinafter “instant real estate”) located in Eunpyeong-gu, by stipulating that “The lease deposit is KRW 30 million from October 1, 2013 to September 30, 2014; the lease deposit is KRW 30 million; the monthly rent is KRW 4,000,000 (the last day of each month; KRW 2nd of each month; and value-added tax); and the Defendant operated a photograph in the instant real estate.”

B. At the time of the conclusion of the above lease agreement, the Defendant paid KRW 20,000,000 among KRW 30,000,000 to the Plaintiff, and the remainder KRW 10,000,000 to the Plaintiff until February 28, 2014, agreed to pay KRW 100,000 per month in addition to monthly rent until the payment of KRW 10,000,00. The Defendant did not pay KRW 10,000 until February 28, 2014, and did not pay KRW 10,000 by February 28, 2014.

C. On April 8, 2014, the Plaintiff sent to the Defendant a content-certified mail containing an expression of intent to terminate the instant lease agreement. D.

On October 31, 2014, the Defendant, while continuing the instant lawsuit, delivered the instant real estate to the Plaintiff.

【Ground for Recognition: Facts without dispute, entry of Gap evidence 1 through 5, purport of the whole pleadings】

2. Determination:

A. According to the above facts as to the cause of the claim, the Defendant is obligated to pay the Plaintiff KRW 40,500,000 in total, the sum of the amount of KRW 900,000 (including value-added tax x 9 months) paid to the Plaintiff by adding the monthly rent to the Plaintiff until the payment of KRW 10,00,00,00 (including KRW 100,000 x 9 months) of the unpaid monthly rent or unjust enrichment equivalent to the amount of the rent for nine months from February 2, 2014 to October 31, 2014.

On the other hand, the instant lease agreement is concluded by the declaration of termination on April 8, 2014.