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(영문) 서울북부지방법원 2015.11.05 2015가합1363

건물인도, 임대료

Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The Defendant’s KRW 22,800,000 and January 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 27, 2015, the Plaintiff: (a) leased real estate listed in the attached list (hereinafter “instant real estate”) to the Defendant with the term of lease “from July 12, 2014 to August 11, 2014; (b) rent of KRW 6,000,000; and (c) daily rent of KRW 200,000,000 if additional residence is necessary after the expiration of the term of lease.”

B. The Defendant occupied the instant real estate without paying rent from December 13, 2014 to the present date.

[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 1, and the purport of whole pleading

2. According to the facts of the above recognition, since the lease contract between the Plaintiff and the Defendant on the instant real estate has expired, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and the Defendant is obligated to pay unjust enrichment calculated by the ratio of KRW 22,800,000 to the delivery date of the instant real estate from December 13, 2014 to April 6, 2015, as unjust enrichment less than the rent equivalent to the rent from December 13, 2014 to April 6, 2015, and as the Plaintiff seeks from April 7, 2015 to the delivery date of the instant real estate.

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.