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(영문) 서울서부지방법원 2016.12.15 2016가단221194
건물인도 등 청구의 소
Text

1. 피고는 원고에게 별지 목록 기재 부동산 1층 중 별지 도면 표시 ⓐ 내지 ⓘ, ⓐ의 각 점을...

Reasons

Comprehensively taking account of the whole purport of the argument in Gap evidence Nos. 1 through 7 (including additional numbers), the plaintiff entered into a lease contract (hereinafter "the lease contract in this case") with a deposit of KRW 50 million on May 5, 2015, KRW 7040,000 per month (including value-added tax), management expenses, and KRW 580,000 per month (such as electricity and water rates). ② The defendant paid KRW 20 million out of the above deposit and did not pay taxes, such as rent, management expenses, electricity, water rates, etc. after March 2016, the plaintiff was lawfully notified the defendant of the termination of the lease contract in this case on May 10, 2016, as the plaintiff notified the defendant of the termination of the lease contract in this case as of the date of closing argument, ③ the defendant's electric and water management expenses as of the date of closing argument, unpaid charges, etc., and thus, the plaintiff's termination of the lease contract in this case.

Therefore, barring special circumstances, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and pay the unpaid management expenses, taxes and public charges, 5,445,064 won, damages for delay calculated at the rate of 15% per annum from June 4, 2016 to the date of full payment, which is the day following the delivery date of the instant complaint sought by the Plaintiff, and the rent or unjust enrichment equivalent to the rent, calculated at the rate of 7,440,000 won per month from March 1, 2016 to the date of delivery of the said real estate.

Therefore, the plaintiff's claim of this case shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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