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(영문) 광주지방법원목포지원 2016.11.03 2016가단3643
건물명도
Text

1. The Defendant shall deliver to the Plaintiff the real estate indicated in the attached list, and the said real estate shall be from October 1, 2016 and KRW 6.5 million.

Reasons

1. Determination as to the cause of claim

A. 1) On February 28, 2015, the Plaintiff’s real estate indicated in the separate sheet (hereinafter “instant building”) to the Defendant on February 28, 2015.

B) A lease agreement was concluded with C by setting the lease deposit amount of KRW 20 million, KRW 500,000 per month (payment on March 15), and the lease period of KRW 2 years from March 1, 2015 to February 28, 2016 (the Defendant entered into a lease agreement with C representing the Plaintiff).

(2) The Defendant paid only KRW 3 million as the rent up to the date (from March 1, 2015 to August 31, 2015) but did not pay the deposit and the remainder.

3) On March 24, 2016, the Plaintiff expressed to the Defendant that the lease contract should be terminated on the ground that the overdue charge reaches the amount of rent for two years, and that the declaration of intention reached the Defendant around that time. 4) The Defendant is occupying and using the instant building until now.

[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including virtual number), and the purport of the whole pleadings

B. Determination 1) Since the above lease contract was terminated at the end of March, 2016 and terminated, the Defendant is obligated to deliver the instant building to the Plaintiff. 2) Moreover, the Defendant is obligated to pay the Plaintiff the rent from September 1, 2015 to the termination of the above lease contract. Since the Defendant occupied and used the instant building after the termination of the lease, thereby gaining profits from the use of the building, and thereby making the Plaintiff, a lessor, incur losses equivalent to the same amount, and thus, is obligated to return the said lease contract to the Plaintiff as unjust enrichment.

Therefore, in ordinary cases, the amount of profit from the possession and use of real estate is the amount equivalent to the rent of the real estate, and the amount equivalent to the rent after the lease type is also obligated to pay unjust enrichment calculated by the ratio of KRW 500,000 per month, which is the rent of the building in this case, as seen earlier.

Therefore, the defendant is therefore the plaintiff.

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