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(영문) 창원지방법원 2019.12.12 2019가단101338
연체차임 등
Text

1. The Defendant: (a) on October 2018, 2018, the Plaintiff (Appointed Party C), the appointed parties C, and the appointed parties D, KRW 15,959,233, respectively, and each of the said money.

Reasons

1. Basic facts

A. The Plaintiff (Appointeds) and the designated parties (hereinafter collectively referred to as the “Plaintiffs”) together hold 1/3 of each of the co-ownership shares in the fourth floor F and G of the Condominium-gu Condominium-gu Condominium-si E (hereinafter “instant building”).

B. On February 2, 2015, the Plaintiffs: (a) leased the instant building to the Defendant for a period of 36 months from February 2, 2015 to 36 months; (b) lease deposit KRW 10 million; and (c) monthly rent of KRW 1.5 million (value-added tax, and payment on the second day of each month).

(hereinafter “the lease of this case”). C.

The Defendant, upon delivery of the instant building in accordance with the instant lease agreement, went out of the Republic of Korea after being delivered to the Plaintiffs on August 10, 2018. The monthly rent or unjust enrichment, which occurred until the date of delivery, was total of KRW 63,00,000 (= KRW 1,500,000 per month x 42 months). Of them, the monthly rent paid by the Defendant was total of KRW 13,70,000.

On the other hand, the defendant did not pay the building management expenses and reached 8,577,700 won for unpaid management expenses.

On October 22, 2018, the plaintiffs paid the unpaid management expenses by the defendant instead of the defendant on behalf of the defendant.

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, 3 and 5 evidence, and purport of the whole pleadings

2. According to the facts established prior to the assertion and judgment, the Defendant is the rent of the instant lease of KRW 1.4 million per month, and the Defendant’s use of the instant building was in excess of the period until July 30, 2017. However, the evidence submitted by the Defendant alone is insufficient to reverse the facts acknowledged above.

Unless there exist special circumstances, the Defendant: (a) KRW 49,300,000 for monthly rent or unpaid unlawful gains on the lease of this case (i) KRW 63,00,000 - KRW 13,700,000 for the rent of this case; (b) KRW 8,577,700 for the rent of this case minus KRW 10,000 for the lease deposit; and (c) KRW 47,877,700 for the remainder after deducting the lease deposit from KRW 8,577,70 for the rent of this case; and (d) KRW 49,300 for 8,57,700 for the lease of this case - KRW 10,000 for the above amount; and (e) KRW 10,000 for the designated parties and each designated

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