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(영문) 서울남부지방법원 2017.04.04 2016가단252595
건물명도
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Summary of the plaintiff's assertion

A. On August 29, 2013, the Plaintiff leased, without a deposit, real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant, with the period from September 1, 2013 to August 31, 2015, by setting the rent of KRW 500,000 per month and the lease period from September 1, 2013 to August 31, 2015.

B. From September 2013, the Defendant did not pay the Plaintiff rent, and the Plaintiff and the Defendant agreed on the said lease agreement around April 2016.

C. The Defendant occupies the instant real estate after April 2016.

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff and pay the Plaintiff the sum of KRW 16 million for the period from September 2013 to April 32, 2016, plus KRW 2.5 million in total, the sum of the rents for the period from May 2016 to September 2016, and the sum of KRW 18.5 million in total, which is equivalent to the sum of the rents for the period from May 2016 to September 2016, and to pay the amount of unjust enrichment equivalent to the sum of KRW 500,000 in total calculated by the ratio of KRW 500,000 per month from October 20, 20

2. The Plaintiff leased the instant real estate to the Defendant and handed over the said real estate.

The Plaintiff’s assertion is without merit, inasmuch as there is no evidence to prove that the Defendant, as the lessee of the instant real estate, delays in paying the amount of unjust enrichment equivalent to the rent or rent, as alleged by the Plaintiff.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit.

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