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(영문) 의정부지방법원 고양지원 2018.10.24 2018가단5686
건물인도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate indicated in the annexed real estate indication;

B. 1,461,90 won and May 9, 2017

Reasons

On December 26, 2015, the Plaintiff leased the attached real estate indicated in attached Form to the Defendant from January 9, 2016 to January 8, 2018, with the lease deposit of KRW 30,00,000, and KRW 800,000 per month ( September 9), and the Defendant did not pay the rent from January 9, 2017, and did not pay the sum of KRW 1,461,990.

(C) Fact that there is no dispute, Gap 1 and 4 evidence, and the purport of the whole pleadings). The fact that the plaintiff delivered to the defendant on May 15, 2018 that the copy of the complaint of this case containing the plaintiff's declaration that the above lease contract will be terminated on the grounds of the defendant's delinquency in rent is apparent in the record. Therefore, the above lease contract was lawfully terminated, and the defendant is obliged to deliver the above real estate to the plaintiff.

Meanwhile, the Plaintiff voluntarily acknowledged the fact that he received the rent from the Defendant for a period of four months from the date of closing argument after the filing of the instant lawsuit. As such, the Defendant is obligated to pay to the Plaintiff the unpaid management fee of KRW 1,461,90 and the unjust enrichment equivalent to the rent of KRW 800,000 per month from May 9, 2017 to the date of delivery of the said real estate.

(F) The portion corresponding to the rent for four months from January 9, 2017 to May 8, 2017 among the monetary payment claims is dismissed). Therefore, the Plaintiff’s claim is accepted within the above recognition scope and the remainder is dismissed.

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