(영문) 수원지방법원여주지원 2017.10.19 2017가단51766

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(영문) 수원지방법원여주지원 2017.10.19 2017가단51766

부당이득금

Text

1. The defendant shall be the plaintiff.

(a) deliver 237.50 square meters per floor among the buildings listed in the attached list;

(b) KRW 5,826,633 and any of them;

Reasons

1. Facts of recognition;

A. On December 4, 2016, the Plaintiff entered into a contract with the Defendant to lease each floor of the instant building and the instant building on the attached list (a contract amounting to KRW 3 million, the remainder of KRW 27 million, the contract amount of KRW 5.2 million, the monthly rent of KRW 5,200,000, the monthly rent of KRW 520,000,000,000,000,000 from February 15, 2017, the delivery date of the lease term, and the agreement with the Defendant to lease each floor of the instant building and the instant building (hereinafter “instant contract”).

At the time of the instant contract, the Plaintiff and the Defendant agreed to bear management expenses, such as electricity, water supply, purification, and road occupation and use fees, arising from the use of the building.

B. The Defendant has occupied and used 237.50 square meters of the first floor of the instant building from the date of the instant contract until now (hereinafter “the occupied part of the instant building”).

C. The Defendant did not pay the remainder of the lease deposit amount of KRW 27 million under the instant contract by the due date. On March 3, 2017, the Plaintiff sent a certificate to the effect that “if the remainder is requested to the Defendant by March 13, 2017, and the remainder is not paid by the due date, the contract shall be rescinded, and if the contract is rescinded, the Defendant would claim the usage fee for the occupied portion of the instant building until the delivery and delivery of the occupied portion of the instant building.”

The rent for the part in possession of the instant building is equivalent to KRW 1,439,39,394 per month, and the management fee for road occupation and use necessary for the possession and use of the part in possession of the said building is equivalent to KRW 232,557 per month.

[Evidence Evidence: Evidence Nos. 2 through 16 (including paper numbers), Evidence No. 1-1, each entry of Evidence No. 17, and the purport of the whole pleadings)

2. Determination of the parties’ assertion

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