(영문) 의정부지방법원고양지원 2020.07.16 2020가단3782

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Reasons

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 의정부지방법원고양지원 2020.07.16 2020가단3782

건물명도 등

Text

The Defendant, as the Plaintiff

(a) Of the fourth floor of the building listed in the attached list, each point of the attached Form 1, 2, 3, 4, 5, 6, 1.

Reasons

1. On April 13, 2015, the Plaintiff and the Defendant entered into a lease agreement with respect to the fourth floor C (hereinafter “instant real estate”) among the real estate listed in the separate sheet on the attached list, and the lease agreement was renewed on April 13, 2017 by setting the lease deposit of KRW 5 million, monthly rent of KRW 420,000,000, and the term of the lease from April 13, 2017 to one year; the Defendant did not pay monthly rent from July 13, 2018 to the present date; the Plaintiff notified the Defendant of the termination of the lease agreement on the grounds that the instant complaint, which included such declaration of intention, was served on the Defendant on April 17, 202, and the fact that the Defendant occupied the instant real estate and was using the instant real estate until now is not disputed between the parties, or is significant in this court.

2. According to the above facts finding, the instant lease agreement was lawfully terminated due to the Defendant’s delinquency in rent.

As such, the Defendant is obligated to deliver the instant real estate to the Plaintiff as a performance of the duty to restore the said real estate, and to pay 9,240,000 won in arrears from July 13, 2018 to April 13, 2020 (i.e., 420,000 x 22 months) calculated by deducting KRW 5,00,000 from the lease deposit, as the Plaintiff seeks, 4,240,000, and to pay 420,000 won in arrears, calculated at the rate of KRW 420,00 per month from April 14, 2020 to April 13, 2020.

On the other hand, the Plaintiff’s claim for the monthly rent from July 13, 2018 to March 13, 2020 is filed as 22 months, but the above period is 21 months, and 22 months from July 13, 2018 to April 13, 2020, the Plaintiff’s claim for the monthly rent is without merit.

However, in light of the fact that the date of delivery of the complaint to the defendant on April 17, 2020 and the defendant stated that the plaintiff did not dispute the amount claimed by the plaintiff, the rent or unjust enrichment shall be calculated from April 13, 2020 to April 13, 200. The rent or unjust enrichment shall be calculated from April 14, 2020 to the date of delivery.

3. Conclusion.

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