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(영문) 서울중앙지방법원 2018.12.20 2018가단50438
건물인도 등 청구의 소
Text

1. The defendant shall pay KRW 9,200,000 to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

Comprehensively taking account of the overall purport of the pleadings as to evidence evidence Nos. 1 and 3, the Plaintiff entered into the instant lease agreement with the Defendant on July 17, 2013, setting the lease deposit of KRW 5,00,000, monthly rent of KRW 400,000, and the lease term of KRW 18,000 from July 18, 2013 to July 17, 2015, with the indication of the annex No. 1,2,3,4,5,6,7,8, and 27 square meters in the ship connecting each point of the building indicated in “real estate indication” as indicated in the annex No. 1, 2,3,4,5,6,7,8, and 1, and the Plaintiff did not pay a rent from July 11, 2015, the Plaintiff may certify the termination of the instant lease agreement with the Defendant on the ground that the rent was overdue, and the Plaintiff thereafter acknowledged the Plaintiff as the first person of the instant case.

According to the above facts, the defendant is obligated to pay KRW 9,200,000 [the balance after deducting the rental deposit from the gross overdue rent] from July 1, 2015 to July 31, 2018 + 1,200,000 from August 1, 2018 to October 31, 2018 (4,00,000 won x 3 months) with the overdue rent and unjust enrichment equivalent to the rent before ordering the above rental portion].

The defendant argues that the person who actually leased the above leased portion is not the defendant and the defendant merely lent the leased portion to C at the time of entering into the instant lease agreement, but there is no evidence to acknowledge it.

Therefore, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

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