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(영문) 서울서부지방법원 2017.04.27 2016가단232460 (1)
건물인도 등 청구의 소
Text

1. The Plaintiff (Counterclaim Defendant) simultaneously with the delivery of real estate stated in the separate sheet from the Defendant (Counterclaim Plaintiff).

Reasons

On July 3, 2014, the Plaintiff entered into a lease agreement between the Defendant with respect to the instant real estate as KRW 50,00,000, monthly rent of KRW 1,800,000, and the lease agreement between July 16, 2014 and July 15, 2016 (hereinafter “instant lease agreement”); the Plaintiff’s failure to receive the instant real estate up to the present date; the Defendant did not pay the Plaintiff the rent from September 22, 2015; and the Plaintiff notified the Defendant on May 26, 2016 that the instant lease was terminated on the grounds that the rent was overdue and sub-leaseed without permission. There is no dispute between the respective parties.

However, it is reasonable to view that the lease contract of this case was lawfully terminated due to the Plaintiff’s notice of termination. It is confirmed that the amount of unjust enrichment equivalent to the rent after the termination date of the lease contract of this case is the same as the rent under the lease contract of this case. The remainder after deducting the unpaid rent and unjust enrichment accrued until March 30, 2017, which is the date of closing the lease contract of this case, from 17,060,000 won [=50,000 - 10,0000 - from September 22, 2015 to 10,800,000 won until March 30, 2017, 200, 32,940,000 won for the aggregate of 0,000 won and 10,0000 won and 10,000 won and 25,05,000 won and 20,005.

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