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(영문) 서울북부지방법원 2017.12.14 2017가단5218

건물명도

Text

1. From 16,087,210 won to 16,087,210 won, the Defendant shall indicate the attached real estate as indicated in the attached real estate.

Reasons

1. The following facts may be acknowledged in full view of the purport of the entire pleadings in each statement in Gap evidence Nos. 1, 2, and 8.

On March 16, 2016, the Plaintiff entered into a contract to lease the instant real estate to the Defendant (hereinafter “instant lease”) with a lease deposit of KRW 25 million, monthly rent of KRW 1 million (the subsequent payment is made on August), the lease term of KRW 8, 2016 from April 8, 2016 to April 7, 2018.

B. The Defendant received the instant real estate from the Plaintiff around April 8, 2016, and thereafter the Plaintiff rent KRW 1 million on May 27, 2016, and the same year.

6. 28.50,000 won, and the same year.

8. 15 million won, 22.1 million won in the same month, and the same year;

9. On September 7, 2016, a total of five million won was paid and only the rent that occurred by September 7, 2016.

C. The Plaintiff agreed on the instant lease agreement with the Defendant around December 2016 on the grounds of the Defendant’s delay of rent.

The Defendant did not pay the aggregate of the management expenses imposed on the instant real estate from May 2016 to September 2017 (including overdue fees).

2. Determination

A. According to the above fact-finding on the cause of the claim, the instant lease agreement was terminated on December 20, 2016, and thus, barring any special circumstance, the Defendant is obligated to deliver the instant real estate to the Plaintiff and pay the Plaintiff the rent or unjust enrichment equivalent to one million won per month from September 8, 2016 to the completion of delivery of the said real estate.

B. The defendant's assertion 1) around December 2016, the defendant agreed to terminate the lease contract of this case with the plaintiff and receive KRW 2.5 million, 10 million, which is 10% of the lease deposit of this case from the plaintiff, and the plaintiff did not pay it, and thus, the plaintiff cannot respond to the plaintiff's claim. Since there is no evidence to prove that there was an agreement between the plaintiff and the defendant on the payment of KRW 2.5 million, the defendant's above assertion is without merit.