(영문) 창원지방법원 2015.01.06 2013나6128 | 리걸엔진

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(영문) 창원지방법원 2015.01.06 2013나6128

건물명도등

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On July 9, 2007, the Plaintiff entered into a lease agreement with the Defendant as to the instant housing owned by the Plaintiff, with a deposit of KRW 10 million, monthly rent of KRW 400,000 (payment on January 17), and the period of KRW 24 months (hereinafter “instant lease agreement”), and delivered the instant housing to the Defendant on the same day, and the Defendant paid the Plaintiff KRW 10,000 as the deposit for lease.

(However, the lease contract of this case contains the name of the tenant B, the child of the defendant, and the delivery date of the house of this case as of July 16, 2007.

The Defendant did not pay the monthly rent of KRW 19.6 million in total from July 9, 2007 to August 8, 2012, upon which the instant lease agreement was concluded. From August 9, 2012 to August 9, 2012, the Defendant was residing in the instant house and did not pay the monthly rent.

C. On April 26, 2010, the Plaintiff notified the Defendant of the termination of the instant lease on the ground of more than two years of delay, and the said termination notice reached the Defendant around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7 (including a provisional number), the purport of the whole pleadings

2. The judgment of this Court

A. According to the above facts, it is determined that the instant lease contract was terminated around April 26, 2010, and thus, the Defendant, a lessee, has the duty to deliver the instant house to the Plaintiff, a lessor. Furthermore, the Defendant is obliged to pay to the Plaintiff unjust enrichment at the rate of KRW 9.6 million calculated by deducting the lease deposit amount of KRW 1,6 million from the Plaintiff’s deductible note and the amount of unjust enrichment equivalent to the unpaid monthly rent or the monthly rent from July 9, 2007 to August 8, 2012 (which is confirmed to be the same as the monthly rent of KRW 4,000,000,000,000, which is confirmed to be the same as the monthly rent of KRW 1,9.6 million as stipulated in the instant lease agreement) from the Plaintiff’s deductible note.

B. Judgment on the defendant's defense 1 is made by the plaintiff.

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