(영문) 광주지방법원 2019.01.09 2018가단15098

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(영문) 광주지방법원 2019.01.09 2018가단15098

건물명도 등

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1. The defendant shall be the plaintiff.

(a) order C of the real estate listed in the separate sheet;

(b) KRW 18,700,000 and the said money.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of D Building C (hereinafter, this case’s real estate) indicated in the attached list.

B. On July 20, 2017, the Plaintiff and the Defendant concluded a lease renewal contract with the monthly rent of KRW 1,100,000 (including management expenses and value added tax) from July 25, 2017 to July 24, 202 with respect to the instant real estate (hereinafter “instant lease contract”).

C. The Defendant was fully deducted from the monthly rent of KRW 10,00,000 as stipulated in the lease agreement prior to renewal, and did not pay KRW 6,600,000 for the monthly rent incurred prior to renewal until July 24, 2017.

The Defendant did not comply with the promise to pay 6,600,000 won in arrears at the time of the re-contract, and did not pay 12,100,000 won in monthly rent for the period from July 25, 2017 to June 24, 2018.

On February 7, 2018, the Plaintiff claimed the payment of the rent close to the Defendant, but the Defendant did not pay it.

The Plaintiff notified the termination of the instant lease agreement as the instant lawsuit.

[Reasons for Recognition] Facts without dispute, entry of Gap's evidence 1 to 4, purport of the whole pleadings

2. Determination

A. According to the facts of the judgment on the cause of the claim, the lease contract of this case was terminated by the plaintiff's termination notification. Thus, the defendant is obligated to order the plaintiff to restore the real property of this case to its original state, and pay 15% interest per annum from October 26, 2018 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case sought by the plaintiff, to the day of full payment, and pay 1,100,000 won for unjust enrichment equivalent to the monthly rent and rent of this case from June 24, 2018 to the day of full payment.

B. As to the Defendant’s assertion, the Defendant paid to the Plaintiff KRW 1,100,000 on January 31, 2016 and KRW 4,000 on July 20, 2017 as monthly rent.

유사 판례

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