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(영문) 수원지방법원안산지원 2019.03.15 2018가단64187
건물명도(인도)
Text

1. The Defendant (Counterclaim Defendant) received KRW 655,527 from the Plaintiff (Counterclaim Defendant) and simultaneously received KRW 655,527 from the Plaintiff (Counterclaim Defendant).

Reasons

1. Facts of recognition;

A. On November 2016, the Defendant leased from C the real estate listed in the separate sheet (hereinafter “instant real estate”) as KRW 5,00,000, monthly rent of KRW 450,000, and the lease period of KRW 450,00, and the lease period from November 15, 2016 to November 15, 2018.

B. On October 13, 2017, the Plaintiff purchased the instant real estate from C, and drafted a lease agreement with the Defendant under the same terms and conditions as the said lease agreement.

(hereinafter “instant lease agreement”). C.

As the Defendant did not pay the rent after February 2018, the Plaintiff notified the Defendant of the termination of the instant lease agreement on August 16, 2018 on the ground that the rent has not been paid for at least three months. D.

On September 17, 2018, the instant real estate was leased due to the unpaid management expenses, and the Defendant discontinued a dance institute operated in the instant real estate on October 22, 2018.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. According to the facts found in the judgment on the cause of the claim, since the lease contract of this case was lawfully terminated, the defendant is obligated to deliver the real estate of this case to the plaintiff and pay the unpaid rent, management fee, and unjust enrichment.

Furthermore, the amount to be paid by the Defendant is KRW 3,180,00 calculated by the ratio of KRW 450,00 per month from February 16, 2018, which was unpaid on the date of termination of the instant lease contract to September 17, 2018 (=450,000 x (7+2/30) x (7+2/30), and management expenses incurred up to August 2018 (the generating management expenses are deemed to have been levied on the following month, evidence evidence 8-2), and KRW 64,163 x 113,230 x 117/30 x 17/30 x 4734,434,4734, total sum of management expenses incurred up to August 2018 (the generating management expenses are deemed to have been imposed on the following month), and KRW 1113,230 x 1113,230 x 17/30).

The plaintiff is also seeking the payment of rent and management expenses incurred continuously from September 18, 2018.

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