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(영문) 서울북부지방법원 2019.08.14 2018가단149610
건물명도(인도)
Text

1. As to KRW 4,552,850 among them and KRW 1,030,270 among them, the Defendant shall pay to the Plaintiff the year from May 1, 2019 to August 14, 2019.

Reasons

Basic Facts

Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 11 and Nos. 2 through 4, the Plaintiff shall lease the instant real estate to the Defendant on November 22, 2017 by setting the lease deposit amount of KRW 5,000,000, monthly rent of KRW 700,000, and the lease term of KRW 100,000 from December 10, 2017 to December 10, 2018, and shall pay KRW 90,000 per month on rent if the rent is overdue for at least two months (hereinafter the instant lease contract), and thereafter, the Defendant returned the instant real estate to the Defendant on May 10, 2019, and thereafter the fact that the Defendant had returned the instant real estate to the Plaintiff on May 31, 2019, KRW 10,300,270 of the management fees until March 31, 2019, and the fact that the payment deadline of the instant real estate was due until 30.

Judgment

According to the above facts, the lease contract of this case was terminated on December 10, 2018, and the defendant is obligated to pay to the plaintiff the amount equivalent to 700,000 won per month from December 10, 2018 to May 10, 2019, the delivery date of the real estate of this case, to 3,522,580 won [=70,000 won per month x (5 months from December 10, 2018 to May 9, 2019; 31,00 won from May 10, 2019 to June 9, 2019); and 3,52,580 won from the following day to May 31, 2019; 30,000 won from March 31, 2019 to the due date; and 31,50,000 won from the due date.

In addition, the plaintiff sought to transfer the real estate of this case to the defendant, but the defendant delivered the real estate of this case to the plaintiff as seen earlier, so this part of the plaintiff's assertion is without merit.

In addition, the Plaintiff also sought payment of KRW 215,850 of the urban gas fee from February 28, 2019 with respect to the instant real estate to February 28, 2019. However, according to the entries in Gap evidence 10 and Eul evidence 1, it can be recognized that the urban gas supply contract with respect to the instant real estate was concluded in the name of the Defendant from December 1, 2017 to February 28, 2019.

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