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(영문) 인천지방법원부천지원 2016.06.23 2015가단28052
건물명도등
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the Schedule;

(b)payment of KRW 8,329,300;

(c) on April 2015.

Reasons

On October 6, 2012, the Plaintiff entered into a lease contract with the Defendant for the lease deposit of KRW 10,00,000, monthly rent of KRW 600,000, and the lease term of the instant apartment from October 24, 2012 to October 23, 2013 (12 months) with respect to the real estate listed in the separate sheet (hereinafter “the instant apartment”), and leased the instant apartment to the Defendant. The Defendant delayed payment of KRW 7,80,000 for 13 months from December 23, 2015 and management fees of KRW 529,329,300 for the aggregate amount of KRW 529,30,00 for the said rent, and there is no dispute between the parties, and the fact that the copy of the instant complaint containing the Plaintiff’s declaration of termination of the instant lease contract for the said reason for arrears was delivered to the Defendant on February 21, 2016.

According to the above facts, since the instant lease contract was lawfully terminated on the grounds of the Defendant’s delinquency in rent on February 21, 2016, the Defendant is obligated to deliver the instant apartment to the Plaintiff, pay 8,329,300 won for overdue rent and management expenses, and return the unjust enrichment equivalent to the rent calculated at the rate of 600,000 won per month from December 24, 2015 to the completion date of delivery of the instant apartment from December 24, 2015.

Therefore, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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