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(영문) 인천지방법원 2018.04.12 2017가단38197
건물명도등
Text

1. The defendant shall receive KRW 3,545,807 from the plaintiff and at the same time real estate stated in the attached Table to the plaintiff.

Reasons

1. Facts of recognition;

A. On May 31, 2016, the Plaintiff entered into a lease agreement with the Defendant, setting forth a deposit of KRW 15,000,000 for the instant real estate, monthly rent of KRW 1,200,000 for the instant real estate, which is a commercial building owned by the Plaintiff (the last day of each month, the value-added tax is separate), and from June 1, 2016 to May 30, 2018, and delivered the instant real estate to the Defendant after concluding the lease agreement.

B. On March 31, 2017, the Defendant paid a final rent, and delayed payment from April 2017, and a copy of the complaint indicating the intent to terminate the instant lease agreement was served on the Defendant on December 21, 2017.

C. The Defendant did not pay the management expenses from November 2016 to September 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 3, the purport of the whole pleadings

2. The parties' assertion

A. The instant lease contract is terminated on the ground of the Plaintiff’s delinquency in rent, and seek unjust enrichment equivalent to the amount of 5,825,060 won in the delivery and unpaid management expenses for the instant real estate, overdue rent, and rent.

B. The Defendant asserted (1) on October 2017, 2017, left the keys to the instant real estate to the building management office and transferred the instant real estate.

Since the defendant does not use the real estate of this case at present, the rent in arrears shall be calculated only to the first patrol officer on October 2017, and the deposit in arrears shall be refunded after deducting the overdue rent from the overdue rent.

(2) As long as the Plaintiff did not pay management expenses on behalf of the Defendant, it is impossible to claim management expenses to the Defendant, and as at the present time, UNland Co., Ltd., a controlled entity of the instant real estate, is currently in trial by filing a lawsuit against the Defendant seeking the payment of management expenses (In Mancheon District Court 2017Gauri105732), and the amount of management expenses is not accurate, the Plaintiff’

3. Determination

A. On December 21, 2017, a copy of the instant lease agreement is served on the Defendant.

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