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(영문) 의정부지방법원고양지원 2016.03.25 2015가단34577
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

(b) As from March 8, 2016, KRW 12,800,00 and above.

Reasons

On June 30, 2014, the Plaintiff entered into a lease agreement with the Defendant to lease the real estate listed in the separate sheet as KRW 30,000,000 per month, and the rent of KRW 3,300,000 per month (hereinafter “instant lease agreement”). From August 7, 2015, the Defendant began to occupy and use the instant real estate from August 7, 2015, and only paid KRW 19,90,000 as the rent until March 7, 2016, and there is no dispute between the parties over the remainder of the rent.

Therefore, the instant lease contract was lawfully terminated on December 24, 2015, which was served on the Defendant by the instant complaint to the effect that the instant lease contract will be terminated on the grounds of the delinquency in rent.

Therefore, the Defendant is obligated to return unjust enrichment of KRW 12,80,000 remaining after deducting the deposit from the rent in arrears until March 7, 2016 (i.e., KRW 3,300,000 x 19 months - deposit amount of KRW 19,900,000 - deposit amount of KRW 30,000) and the period from March 8, 2016 to the delivery date of the said real estate acquired by the Defendant while occupying and using the said real estate from March 8, 2016 to the delivery date of the said real estate.

Thus, the claim of this case is accepted on the ground of the reasons.

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