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Reasons
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(영문) 의정부지방법원 2016.09.30 2016나54309
건물명도
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1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.

Reasons

Facts of recognition

On October 15, 2010, the Plaintiff entered into a lease agreement with the Defendant to lease the instant real estate as KRW 20,000,000, monthly rent of KRW 990,000 (including value-added tax) (hereinafter “instant lease agreement”). At that time, the Defendant received the instant real estate from the Defendant and thereafter operates a mutual user as “D user”.

From April 14, 2012 to February 24, 2016, the Defendant paid only KRW 26,080,000 to the Plaintiff as the rent.

[Reasons for Recognition] Fact-finding, Gap evidence Nos. 1 through 3, and judgment as to the ground for a claim for the purport of the entire pleadings is clear in the records that the plaintiff sent to the defendant on April 7, 2016, a copy of the complaint of this case, stating that the lease contract of this case is terminated on the ground of rent delay, for more than two years of the defendant. Thus, the lease contract of this case was terminated on April 7, 2016.

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff.

The sum of the rents to be paid by the Defendant from April 14, 2012 to February 24, 2016 under the instant lease agreement is KRW 45,540,00 (=90,000 x 46 months). The fact that the Defendant paid a sum of KRW 26,080,000 in rent is as seen earlier. As such, the amount of overdue rent is KRW 19,460,00 (=45,540,000 - KRW 26,080,000).

In addition, the Defendant is obligated to return unjust enrichment equivalent to the rent to the Plaintiff from the day after the termination date to the day of delivery of the instant real estate, and it is confirmed that the rent after the termination of the instant lease agreement is the same as the rent during the instant lease period.

Therefore, from April 14, 2012 to February 24, 2016, the Defendant’s delayed payment of KRW 19,460,000 and the next day from February 25, 2016 to February 90,000 per month.

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