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(영문) 서울중앙지방법원 2016.12.08 2016가단116532
건물명도 등
Text

1. The defendant shall be the plaintiff.

A. The third floor among neighborhood living facilities and detached houses with the fifth floor above C in Seoul Special Metropolitan City shall be 120.70 square meters.

Reasons

1. Facts without dispute;

A. On October 1, 2010, the Plaintiff entered into a lease agreement with the Defendant as follows.

(1) Object of lease: 15,00,000 won for lease deposit.

B. The above lease was implicitly renewed and continued to exist, and the Defendant, from April 2015 to November 2015, applied the unpaid rent of KRW 14,800,000 in total [1,50,000 in total [1,50,000 in monthly rent of KRW 150,000 (200,000 in management expenses of KRW 15,000 in monthly rent of KRW 1,50,000] x 8] due to the unpaid payment of the lease deposit, 14,800,000 in total, was appropriated for the repayment of the above overdue rent of KRW 20,00 in total (i.e., KRW 15,00,000 in - KRW 14,80,000 in - KRW 14,800 in 0,000 in total).

C. The Defendant promised to order the Plaintiff to order the leased object with a one-month grace period, if the Plaintiff fails to seek a new lessee by the end of April, 2016, but failed to comply therewith.

2. According to the above fact-finding, since the above lease agreement was terminated on or around May 2016 due to the Defendant’s nonperformance, the Defendant is obligated to deliver the leased object to the Plaintiff and pay the Plaintiff the remainder of KRW 1,650,000 (= KRW 1,850,000 - 200,000) and the amount of rent or unjust enrichment equivalent to KRW 1,850,00 per month from January 31, 2016 until the scriptive date of the leased object.

3. Conclusion, the plaintiff's claim is justified.

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