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(영문) 서울서부지방법원 2017.12.22 2017가단20077
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. From September 30, 2017, 6,385,710 won and the above.

Reasons

1. Indication of claim;

A. On December 29, 2015, the Plaintiff entered into a lease agreement with the Defendant and the Plaintiff on the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”).

(hereinafter “instant lease contract”). Lease deposit: 400,000 won per month (payment in advance on December 30, 2015): Termination of a contract from December 30, 2015 to December 30, 2016: The contract may be terminated when the delayed amount of the rent amounts to two.

B. From March 30, 2016, the Defendant delayed to pay more than two vehicles, and the Plaintiff notified the Defendant of the termination of the instant lease agreement several times.

C. From March 30, 2016 to September 29, 2017, the Defendant paid 7,200,000 won (i.e., KRW 4,00,000 per month x 18 months). 4,20,00 won (i.e., KRW 7,203,110 per month) is unpaid if the amount of the lease deposit is deducted (i.e., KRW 7,200,00). The Defendant paid 2,03,110 won and the gas fee of KRW 152,60 on behalf of the Plaintiff.

Therefore, following the termination of the instant lease agreement, the Plaintiff sought payment of unjust enrichment amounting to KRW 6,385,710 (i.e., the unpaid rent of KRW 4,20,000 + Management Fee for Large Payment + KRW 2,033,110 + Urban Gas Fee for Large Payment + KRW 152,600) and the rent equivalent to the rate of KRW 40,000 per month from September 30, 2017 to the completion date of delivery of the instant real estate.

2. Judgment by publication of the basis (Article 208 (3) 3 of the Civil Procedure Act);

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