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(영문) 의정부지방법원 2020.04.28 2019가단140507
건물인도
Text

1. The defendant shall pay 1,247,665 won to the plaintiff and 12% per annum from April 29, 2020 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On January 21, 2019, the Plaintiff leased the building D (hereinafter “instant real estate”) to the Defendant on a deposit of KRW 10,000,00, the rent of KRW 850,000 (after January 21, 201), and the lease period from January 21, 2019 to January 20, 2021 (hereinafter “the lease”). The Defendant is the first lessee of the instant real estate.

In the instant lease agreement, it was prohibited from raising pet animals in the instant real estate as a special agreement.

B. From March 22, 2019, the Defendant did not pay the monthly rent, and it was difficult for the Defendant to raise garment in the instant real estate.

C. On February 25, 2020, the Defendant retired from the instant real estate, and on February 27, 2020, notified the Plaintiff of the fact that he retired from the instant real estate by means of mobile phone text messages, and paid KRW 11,163,33 of the delayed rent, which occurred during the period from January 21, 2019 to February 24, 2020, KRW 10,000 of the instant lease deposit, and KRW 850,000 of the monthly rent deposited by the Defendant on March 11, 2019, deducting KRW 313,333 of the monthly rent deposited by the Defendant, and KRW 180,000 of the cost of repair of glass glass damaged.

At the time when the Defendant delivered the instant real estate, the ices had been built due to her hairs, urines, urines, etc. in the inner, living room, and bathing room, malodor has occurred, and the flags and flags were in many places in remote areas.

[Recognitions] Evidence Nos. 1, 4-1, 2, 9-11, 8-2, and 5-8, each of the images of evidence Nos. 5-8, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff asserted that the judgment on the claim for return of unjust enrichment equivalent to the rent was delivered on February 27, 2020, and the Defendant asserted that the Plaintiff transferred the instant real estate at around February 24, 2020, since the director around February 24, 2020.

The Defendant removed from the instant real estate as a director at another place on February 24, 2020 or February 25, 2020.

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