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(영문) 대전지방법원 2018.10.25 2018가단2711
건물명도 등
Text

1. The defendant shall pay KRW 3,740,504 to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. Basic facts

A. On April 9, 2017, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on the part of 33 square meters in the place of the ship (hereinafter “instant real estate”) connected each point of 1, 2, 3, 4, and 1, among the buildings listed in the separate sheet, which are owned by the Plaintiff, in sequence, among the buildings indicated in the separate sheet, as indicated below.

- Lease term from April 9, 2017 to April 8, 2019 (24 months) - Lease deposit of KRW 3 million / Monthly rent of KRW 250,000

B. At the time of the instant lease agreement, the Defendant paid KRW 200,000 out of the lease deposit, and without paying KRW 2.8 million in the balance of the lease deposit, the Defendant did not pay all monthly rent after being placed in the house, etc. for restaurant business at the instant real estate.

C. The Plaintiff filed the instant lawsuit with the purport of notifying the termination of the instant lease agreement on the grounds of the delinquency in rent, and on July 20, 2018, the Defendant delivered the instant real estate to the Plaintiff on July 20, 2018.

During the term of the instant lease agreement, the Defendant unpaid the electricity fee of KRW 93,730.

[Ground for Recognition: Unsatisfy, Evidence A No. 1-3, Purport of the whole pleadings]

2. According to the facts acknowledged prior to the determination, the instant lease was lawfully terminated due to the termination due to the delinquency in rent.

However, since the Defendant had already delivered the instant real estate to the Plaintiff on July 20, 2018, the Plaintiff is the Plaintiff (However, the claim for extradition was maintained in the purport of the claim) and the Plaintiff’s claim for delivery is not accepted.

In addition, the claim for return of unjust enrichment from July 21, 2018 to the next delivery is rejected.

Ultimately, if the Defendant calculated unjust enrichment equivalent to the monthly rent or the monthly rent from April 9, 2017 to July 20, 2018, the period during which the instant real estate was occupied by the Defendant, the total monthly rent during the 12th month period is KRW 3,846,74 (250,000 x 15 months) (250,000 x 12/31), and less than KRW 12/31).

Accordingly, the defendant's unpaid electricity charges.

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