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(영문) 서울중앙지방법원 2016.09.08 2016가단5112528
건물명도
Text

1. The defendant

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

B. From June 4, 2016, KRW 2750,00 and from June 4, 2016.

Reasons

1. Basic facts

A. On October 4, 2014, the Plaintiff entered into a lease agreement with the Defendant, setting the lease amount of KRW 10 million from the delivery date of the lease term (delivery until October 4, 2014) to October 3, 2015, and then delivered the instant real estate to the Defendant around that time.

B. Since then, the Defendant did not pay to the Plaintiff the monthly rent from March 4, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 2 and 3, Gap evidence 4-1 and 2, the purport of the whole pleadings

2. According to the aforementioned facts and the purport of the entire pleadings, the Defendant did not pay the Plaintiff the monthly rent from March 4, 2015, and the instant lease agreement has expired, barring any special circumstance, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and to pay the Plaintiff the amount of unjust enrichment equivalent to the unpaid rent and the amount of unjust enrichment of KRW 12750,00 (150,000 won x 15,000 won per month), as sought by the Plaintiff, from March 4, 2015 to June 3, 2016, deducting the deposit of KRW 10,000,000 (i.e., KRW 1275,00 won - KRW 10,000) and from June 4, 2016 to June 850, 2016.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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