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(영문) 서울동부지방법원 2019.01.22 2018가단13869
건물명도 등
Text

1. The defendant is against the plaintiff (appointed party) and the appointed party C

(a) deliver the real estate listed in the annex;

B. 2,905. 2,905

Reasons

On April 28, 2017, the Plaintiff (Appointed Party) and the appointed Party C entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on April 28, 2017 by stipulating that deposit amount of KRW 10,000,000 per month from May 9, 2017 to May 8, 2019, the period from May 9, 2017 to May 2019, the Plaintiff (Appointed Party) and the appointed Party C did not raise pet animals from the instant real estate and did not pay pets from May 19, 2018 to May 30, 2018.

‘The fact that the statement has been prepared, and the fact that as of November 20, 2018, as of November 20, 2018, the date on which the pleadings are closed, the rent and illegal gains equivalent to the rent that the defendant did not pay, and the management fee amounts to KRW 5,810,000 may not be disputed between the parties or may be recognized by the statement in Gap evidence 1 to 6.

According to the above facts, since the lease contract of this case was terminated by agreement between the parties on June 30, 2018 due to the defendant's violation of the contract, the defendant delivered the real estate of this case to the plaintiff (appointed party) and the appointed party C, and the defendant is obligated to return unjust enrichment at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 21, 2018 to the day of complete payment, calculated at the rate of 5,810,000,000 won, including the unpaid rent and the management fee, and the total amount of 5,810,000 won, from November 20, 2018 to the day of delivery of the real estate of this case.

It is so decided as per Disposition by the plaintiff (Appointed party) on the ground that the claim of this case is reasonable.

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