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(영문) 서울중앙지방법원 2016.07.20 2015가단209161
건물명도
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. From 3,632,860 won and June 14, 2016

Reasons

1. Facts of recognition;

A. On October 2, 2014, the Plaintiff entered into a lease agreement between the Defendant and the Defendant, setting the lease deposit amount of KRW 20,000,000, monthly rent of KRW 1,300,000 (payment after December 14, 201) and the lease term of KRW 1 year from December 14, 2014 to December 13, 2015 (hereinafter “instant lease agreement”).

B. However, the Defendant did not pay the rent at all, and did not pay the management fee of 232,860 won (which was April 2016 and May 2016).

C. The Plaintiff stated in the instant complaint that the instant lease contract was terminated on the grounds of the Defendant’s delay in rent of more than two times. On January 13, 2016, the instant warden was served on the Defendant.

The defendant occupies and uses the real estate of this case until the date of closing argument.

[Ground of recognition] Unsatisfy, Gap's entries in Gap's evidence 1, 2, 4, and 5, and the purport of whole pleadings

2. According to the above findings of the determination, the instant lease agreement was lawfully terminated and terminated as the Plaintiff’s declaration of intent to terminate the contract was delivered to the Defendant on the grounds of the failure to pay two or more rents.

As such, the Defendant returned the instant real estate to the Plaintiff, and as sought by the Plaintiff, has the obligation to return unjust enrichment equivalent to the rent of KRW 23,400,00,00 calculated by deducting KRW 20,000 from the rent for the period from December 14, 2014 to June 13, 2016 (i.e., KRW 1,30,000 x 18 months) the lease deposit amount of KRW 3,40,00,000, and the unpaid management fee of KRW 232,860, and the unpaid management fee of KRW 232,860 from June 14, 2016 to the completion date of the delivery of the instant real estate.

3. In conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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