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(영문) 수원지방법원안산지원 2017.05.25 2016가합9657
건물인도 등 청구의 소
Text

1. The Defendant shall pay KRW 9,403,550 to the Plaintiff the annual rate of KRW 15% from January 3, 2017 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On August 1, 2016, the Plaintiff leased a deposit of KRW 50,00,00 (the contract deposit of KRW 5,000,000 on the date of the contract, and the intermediate payment of KRW 40,000,000 on August 10, 2016) to the Defendant of the gas station site 683 square meters in Singu, and KRW 114 square meters in a single-story building for storage and treatment facilities of dangerous substances on the ground, located in Singu, (hereinafter “instant gas station”) from August 1, 2016 to August 31, 2017, the Plaintiff leased the remainder of KRW 3,300,000 (including additional taxes each month, payment on January 1), and the lease period of KRW 50,000 from August 31, 2016 to August 31, 2017).

(hereinafter “instant lease agreement”). B.

By August 10, 2016, the Defendant paid the Plaintiff deposit of KRW 10,000,000 (=the intermediate payment of KRW 5,000,000,000). The Plaintiff delivered the instant gas station to the Defendant on August 31, 2016.

C. After receiving the delivery of the gas station of this case, the Defendant did not pay the Plaintiff the unpaid deposit amount of KRW 40,00,000 and the amount of KRW 40,000 and October 2016. On October 27, 2016, the Plaintiff sent to the Defendant notice that the instant lease contract was terminated on the grounds that the remainder of the deposit and the second rent were unpaid, and around that time, the said notice reached the Defendant.

After that, the Defendant continued to possess the gas station of this case, and delivered the gas station of this case to the Plaintiff on February 28, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 2-2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination

A. 1) The Plaintiff: (a) as the Defendant occupied and used the instant gas station for six months from August 31, 2016 to February 28, 2017, the Plaintiff was entitled to KRW 19,800,000 from the Defendant’s rent and unjust enrichment (i.e., 6 months in rent 3,00,000), and (b) the Plaintiff would pay the Plaintiff the remainder of the amount after deducting KRW 10,000,000 paid from the Defendant’s deposit from the said money. However, the Plaintiff claimed KRW 9,80,000 from the purport of the claim that the Plaintiff would pay the Plaintiff the remainder of the amount after deducting KRW 10,00,000 from the said money. However, the amount of KRW 19,80,000 from the calculation (=the rent and unjust enrichment 19,800,000, -.

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