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(영문) 서울동부지방법원 2019.05.08 2018나3153
부당이득금 반환
Text

1. The judgment of the court of first instance is modified as follows.

The Defendant’s KRW 15,223,006 and its interest on October 31, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 1, 2015, the Defendant, from Geumcheon-gu Seoul Metropolitan Government, operated the 3 and 4th floor among the land and commercial buildings in Geumcheon-gu (hereinafter “instant commercial buildings”), as the lease deposit amount of KRW 20,000,000, monthly rent of KRW 2,200,000 (including value-added tax) and the term of lease from November 1, 2015 to October 31, 2016, the Defendant leased the 3 and 4th floor (hereinafter “E”).

B. On March 30, 2016, the Plaintiff purchased the pertinent D land and commercial building including the instant commercial building from C, and completed the registration of ownership transfer in the name of the Plaintiff on November 14, 2016.

다. 피고는 위 2016. 10. 31. 이후에도 이 사건 상가를 점유하였고, 원고의 퇴거 요구에 대하여 2017. 6. 30. 원고에게 “한분이 아직 안 나갔습니다. 내일 간다고 하니 월요일에 뵙겠습니다”는 내용의 문자메시지를 보냈다. 라.

On July 2017, the Plaintiff was handed over the instant commercial building from the Defendant upon filing an application for enforcement of the Building Delivery with Seoul Southern District Court 2017No639.

E. Meanwhile, from November 1, 2016 to July 6, 2017, the Defendant paid KRW 1,05,000 on November 1, 2016, and KRW 2,110,00 on December 2, 2016, respectively, to the Plaintiff as rent, and the Defendant did not pay KRW 1,293,640 on water supply and drainage charges, electricity charges, KRW 339,940 on electricity charges, and KRW 107,760 on urban gas charges.

[Ground of recognition] Facts without dispute, Gap 1 through 5, 7 evidence, Eul 3 and 7 evidence (including provisional number), the purport of the whole pleadings

2. The parties' assertion

A. Even after the expiration of the lease agreement of the commercial building of this case, the Plaintiff asserted that the Defendant occupied the commercial building of this case and made unjust gains in excess of the rent, and did not pay the water supply and drainage fee, electricity fee, and urban gas fee. As such, the Defendant is obligated to pay the Plaintiff the amount of KRW 17,376,340 (=17,60,000) equivalent to the rent from November 1, 2016 to June 30, 2017 - the amount of KRW 3,165,000 water supply and drainage fee of KRW 2,493,640,000, KRW 339,940, KRW 107,760) and damages for delay.

(b).

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