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(영문) 서울중앙지방법원 2014.11.20 2014가단5179428
건물명도
Text

1. The defendant

(a) Attached drawings among the first floor of the real estate stated in the attached Form shall be indicated in (1), (2), (3), (4), (5), (6) and (1);

Reasons

1. Determination as to the cause of claim

A. In full view of the purport of evidence evidence Nos. 2 and evidence Nos. 4-2 and the whole pleadings, the Plaintiff entered into a lease agreement with the Defendant on June 29, 2013, setting the lease amount of KRW 50,000 per month from June 29, 2013 to November 11, 2014 (hereinafter “instant lease agreement”); the Plaintiff’s payment of only rent to the Defendant until January 11, 2014, and delayed payment of rent thereafter; the Plaintiff’s payment of rent to the Defendant on June 5, 2014, on the ground that the lease agreement was terminated by June 5, 2014.

B. According to the above facts, the defendant is obligated to pay the rent according to the instant lease agreement. Since the instant lease agreement has been terminated, the plaintiff is obligated to return unjust enrichment from possession and use of the instant real estate, which is the object of lease, from the date of termination to the date of completion of delivery of the instant real estate.

Therefore, the Defendant is obligated to pay the Plaintiff the rent of KRW 1,500,000 from February 12, 2014 to May 11, 2014 (=500,000 per month x 3 months) and damages for delay thereof, and deliver the instant real estate, and pay the Plaintiff the rent of KRW 500,00 per month or unjust enrichment equivalent to the rent of KRW 500 per month from May 12, 2014 to the completion date of delivery of the instant real estate.

2. Judgment on the defendant's assertion

A. On October 5, 2009, the plaintiff asserted by the defendant cannot claim the delivery of the real estate of this case on the ground that the term of the lease expires since the plaintiff prepared and delivered to the defendant a letter (Evidence B No. 1) stating that he/she is the defendant and wants to do so).

(b).

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