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(영문) 서울중앙지방법원 2014.10.15 2014가단139395
건물명도등
Text

1. The defendant shall be the plaintiff.

(a) Of the three floors of the building listed in the attached Table 1, each point is indicated with drawings 1, 2, 3, 4, 1.

Reasons

1. Facts of recognition;

A. On April 5, 2007, the Plaintiff leased 178.51 square meters among the three floors of the building listed in the attached Table 1 to the Defendant at KRW 30 million, the lease period from April 12, 2007 to April 11, 2008, the sum of monthly rent and management maintenance expenses (including value-added tax).

나. 원고는 2008. 4.경 피고에게 별지 1 기재 건물 3층 중 별지 2 도면 표시 ①, ②, ③, ④, ①의 각 점을 차례로 연결한 선내 ㈎ 부분 119.01㎡(이하 ‘이 사건 사무실’이라 한다)를 임대보증금 2,000만 원, 임대기간 2008. 4. 12.부터 2009. 4. 11.까지, 월 차임 및 관리유지비 2,153,030원(부가세 포함, 매월 말일 지급)에 임대하였다

(hereinafter “instant lease agreement”). The instant lease agreement was implicitly renewed.

C. From September 12, 2012 to June 11, 2014, the Defendant delayed 45,213,630 won (monthly 2,153,030 won x 21 month) in total.

The Plaintiff expressed his intention to terminate the instant lease contract by serving the instant complaint on the grounds of delinquency in rent, and the said warden served on July 28, 2014 to the Defendant.

[Ground of recognition] Unsatisfy, entry of Gap 1 and 3 evidence, purport of the whole pleadings

2. Determination as to the cause of claim

A. According to the above facts, since the lease contract of this case was lawfully terminated, the defendant, barring special circumstances, is obligated to order the plaintiff to order the office of this case and return the overdue rent and unjust enrichment equivalent to the overdue rent until the completion of the order.

B. The Plaintiff asserts that, from September 1, 2012 to May 31, 2012, the sum of monthly rent and maintenance expenses for 21 months was 45,213,630 won and the difference from June 1, 2014.

However, the starting point of starting the lease term of this case is April 12, 2008, and the fact that the Defendant paid the monthly rent and the management and maintenance expenses on August 2012 is not a dispute between the parties, and thus, the monthly rent and the monthly rent until September 11, 2012.

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