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(영문) 서울남부지방법원 2015.10.08 2015가단18088
건물인도
Text

1. The defendant shall be the plaintiff.

(a) specify the real estate listed in the annex;

B. From November 11, 2014, the above real estate.

Reasons

1. Facts of recognition;

A. On October 31, 2014, the Plaintiff leased real estate listed in the attached Form (hereinafter “instant real estate”) to the Defendant by setting the period from November 10, 2014 to November 10, 2016 as KRW 20 million, KRW 150,000 per month of the rent (excluding value-added tax, but excluding value-added tax, if the Defendant pays the deposit of KRW 10,000,000 by the end of April 2015), and the period was determined and leased from November 10, 2014 to November 10, 2016.

B. At the time of the contract, the Defendant agreed to the effect that “The Plaintiff may terminate the lease contract when the Defendant, who is a lessee, has failed to pay the rent for more than two years, and the lessee shall bear a brokerage fee paid by the Plaintiff where the contract is terminated due to the lessee’s circumstances, such as the rent before the expiration of the contract period, and the management fee

C. The Defendant did not pay the rent at all after the contract, and the Plaintiff paid one million won as a brokerage commission. The Plaintiff paid the electricity fee of 335,100 won and the water supply and drainage fee of 171,790 won on behalf of the Defendant.

On the other hand, on January 12, 2015, the Plaintiff sent a certificate of the termination of the instant lease agreement on the grounds of the Defendant’s failure to pay rent more than two times, and the content certificate reached the Defendant around that time.

[Evidence] Facts without dispute, Gap evidence 2 to Gap evidence 4-2, Gap evidence 6-1 to Gap evidence 8, and the purport of the whole pleadings.

2. The allegations and judgment of the parties

A. According to the facts of the judgment on the Plaintiff’s assertion, since the instant lease contract was terminated by the Plaintiff’s lawful declaration of intention to terminate the contract, the Defendant, barring any special circumstance, ordered the Plaintiff to order the instant real estate, paid the amount calculated by the ratio of KRW 1.65,00 per month from November 11, 2014 to the ordering date of the said real estate as unjust enrichment or damages, and KRW 1,506,890 in total of brokerage commission, electricity, water supply and drainage fees, and the said amount.

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