beta
(영문) 청주지방법원충주지원 2019.02.14 2018가단3826

건물명도(인도)

Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

(b) 11,084,820 won and November 3, 2018.

Reasons

Description of Claim

The Plaintiff is the owner of the real estate listed in the attached Table (hereinafter referred to as “instant real estate”).

On August 2, 2016, the Plaintiff leased the instant real estate to the Defendant with a deposit of KRW 10 million, monthly rent of KRW 500,000 (prepaid on August 3, 2016) and the lease period from August 3, 2016 to August 2, 2018 (24 months).

The defendant did not pay the rent from April 2017, and the plaintiff notified the defendant of the termination of the lease contract due to the delay of rent on July 2, 2018.

As of November 2, 2018, the unpaid rent of KRW 9 million (i.e., KRW 500,000 x 18 months) and the base overdue management fee in August 2018 incurred KRW 2,084,820.

According to the termination of the lease contract (the lease term has expired), the Plaintiff sought against the Defendant for unjust enrichment at the rent of KRW 11,084,820 in total (= KRW 2,084,820 in total) and on the following day from November 3, 2018 to the completion date of delivery of the instant real estate, the Plaintiff sought unjust enrichment at the rent of KRW 500,000 per month.

Articles 208(3)1 and 257(1) of the Civil Procedure Act of the applicable provisions of Acts (a judgment without a presentation of a written reply)