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(영문) 서울중앙지방법원 2016.12.21 2016가단66910
건물명도 등
Text

1. Defendant C pays to the Plaintiff KRW 173,390,000.

2. The remainder of the claim against Defendant C and against Defendant B and D.

Reasons

1. Facts of recognition;

A. On November 29, 2005, the Plaintiff entered into a lease agreement with Defendant C on the condition that the period from December 10, 2005 to December 6, 2006 shall be from December 10, 2005, and the annual rent of KRW 72 million shall be paid in advance without a deposit.

After Defendant C paid the Plaintiff the annual rent to the Plaintiff, Defendant C occupied and resided in the apartment as stated in the attached Form with Defendant D, her mother.

Since then, the Plaintiff and Defendant C continued to renew the lease agreement, and finally, on October 9, 2014, the period from August 21, 2014 to November 5, 2014, and on a yearly rent of 72 million won (six million won a month) without a deposit.

B. From May 6, 2014 to January 5, 2016, Defendant C did not pay KRW 94.6 million out of the rent 120 million during the 20-month period from May 6, 2014 to January 5, 2016.

C. On October 26, 2016, in the course of the instant lawsuit, Defendant C and D transferred an apartment as indicated in the separate sheet to the Plaintiff and went to the director, and the following day, the Plaintiff was the director of the said apartment.

[Reasons for Recognition] Defendant B: A without dispute, Gap evidence Nos. 1, 2, and 7, defendant C and D with the purport of the whole pleadings

2. The Plaintiff voluntarily admitted the fact that the judgment on the claim for delivery of an apartment on October 26, 2016, which was before the conclusion of the pleadings in the instant case, was delivered the apartment as indicated in the separate sheet. Therefore, the Plaintiff’s assertion seeking delivery on the premise that the Defendants occupied the apartment as indicated in the separate sheet

3. Judgment on the claim for overdue rent, etc.

A. The Plaintiff filed a claim against Defendant C with a claim for unjust enrichment equivalent to the rent of KRW 115,190,000,000, which is the sum of overdue rent of KRW 94,66 million and interest for arrears until January 5, 2016, and the rent or rent of KRW 6 million calculated at the rate of KRW 6 million per month from January 2, 2016 (the clerical error in January 6, 2016) to the delivery date of the apartment as indicated in the attached Form, and the Defendant C does not dispute this.

Therefore, Defendant C is subject to KRW 115,190,00 for the Plaintiff.

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