(영문) 서울동부지방법원 2014.12.03 2014가단834

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(영문) 서울동부지방법원 2014.12.03 2014가단834

부동산인도 등

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1. The defendant shall be the plaintiff.

A. Of the underground floors of the real estate listed in the separate sheet, each of the marks indicated in the separate sheet Nos. 4, 5, 8, 9, 4.

Reasons

1. On March 2, 2010, the Plaintiff leased the first underground floor (hereinafter “instant building”) of the real estate listed in the separate sheet to the Defendant on March 2, 2010, with the lease deposit of KRW 4.5 million, KRW 4.5 million per month, management expenses, KRW 250,000 per month, KRW 12,000 per month, the period, 12 months, and the date of payment of rent. The Defendant installed the instant building on the part indicated in paragraph (a) of the order No. 1, and the Defendant renewed the contract with the same content as the previous lease except for the Plaintiff and the Defendant’s partial increase of rent over several occasions upon the expiration of the above lease contract. The Defendant’s delayed payment of rent to the Plaintiff until December 2, 2013, the Plaintiff did not have terminated the lease contract on the grounds of rent no more than January 2, 2014, or the Plaintiff’s entire purport of pleading No. 1, as a whole, can be acknowledged.

With respect to the rent and management expenses newly agreed upon by the Plaintiff and the Defendant while renewal of the lease agreement, the Plaintiff asserts that from March 201, the Plaintiff agreed from around March 50, 201 to KRW 20,000 per month of the rent, management expenses, and the Defendant agreed that KRW 550,000 in total of the rent and management expenses from around September 201.

Therefore, there is no evidence to prove that the sum of the rent and management expenses agreed between the Plaintiff and the Defendant exceeds KRW 550,000,000. Thus, the sum of the rent and management expenses agreed between the Plaintiff and the Defendant on September 2012 should be deemed to be KRW 550,00 per month.

Therefore, barring any special circumstance, the Defendant is obligated to remove the tin-to-face partitions installed in the instant building from the Plaintiff and return the part claimed by the Plaintiff among the instant buildings, and return the overdue rent and unjust enrichment equivalent to the overdue rent of KRW 550,000 per month.

2. Judgment on the defendant's defense

A. The defendant obtained the consent of the plaintiff of this case.

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