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(영문) 의정부지방법원 2018.08.31 2018가단110691
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) deliver each real estate listed in the separate sheet;

B. 25,00,000 won and July 23, 2018

Reasons

1. Facts of recognition;

A. On April 11, 2017, the Plaintiff leased each real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) to C Co., Ltd and D with a deposit of KRW 30 million, KRW 500,000,000 per month (re after April 20, 2017), and the period from April 20, 2017 to April 19, 2019.

B. On December 23, 2017, the Plaintiff: (a) again leased the instant real estate under the said condition to the Defendant (However, the period from December 23, 2017 to April 22, 2019; hereinafter “instant lease”); and (b) agreed between the Defendant and the Defendant to succeed to the obligation to pay the rent (totaling KRW 16.5 million) of the existing lessee.

C. Although the Defendant received the instant real estate and used it for profit, the Defendant did not pay the Plaintiff rent at all.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above findings of determination, the lease of this case was lawfully terminated by the delivery of a copy of the complaint of this case containing the Plaintiff’s declaration of intention to terminate the lease of this case on the ground of delinquency in rent of the Defendant, barring any special circumstance, the Defendant is obligated to deliver the real estate of this case to the Plaintiff to its original state, and to pay the Plaintiff money calculated by the ratio of KRW 5 million per month from July 23, 2018 to July 22, 2018, with unpaid rent or unjust enrichment (=amounting to KRW 38.5 million from December 23, 2017 to July 22, 2018, unpaid rent amounting to KRW 16.5 million from December 23, 2017 to KRW 38.5 million from July 23, 2018) and KRW 5.5 million from July 23, 2018 to the completion date of delivery of the real estate of this case.

(Plaintiff filed a claim for return of unjust enrichment from July 21, 2018. However, since the lease term of this case was from December 23, 2017, unjust enrichment from July 21, 2018 to July 22, 2018 is already included in the above KRW 25 million, and the Plaintiff’s claim for this portion is without merit). Accordingly, the Defendant pays all unpaid rents and pays it.

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