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(영문) 서울중앙지방법원 2017.09.27 2017가단16875
건물명도 등
Text

1. The defendant shall be the plaintiff.

A. Of the building No. 901 of the attached list No. 901 of the 9th floor, the indication of the attached list No. 1, 2, 3, 4, and 1 of the attached list.

Reasons

1. Facts of recognition;

A. On March 7, 2016, the Plaintiff leased a lease deposit amount of KRW 40 million, KRW 3.5 million per month of rent (excluding value-added tax), and KRW 3.5 million per month of rent to the Defendant on the following occasions: (a) the part (a) of the attached specification No. 1, 2, 3, 4, and 1, which connected each point of the attached Table No. 901 among the items in the attached Table No. 901, the Plaintiff leased the building to the Defendant on a two-year basis.

(hereinafter referred to as the “instant lease contract”) B.

According to the above lease contract, the lessee should pay the value-added tax and the management fee for the above rent separately from the above rent, and when the lessee has paid the rent for more than two years, the lessor can terminate the contract immediately.

C. As of May 6, 2017, the Defendant, as of May 6, 2017, did not pay 54,190,740 won in total, including 14,590,740 won in rent and management expenses, which constitute 39,60,000 won for more than 10 months of rent and management expenses (including value-added tax).

On October 13, 2016, the Plaintiff’s agent sent to the Defendant with a content-certified mail that the instant lease contract will be terminated on the grounds of delinquency in rent for a period of five minutes.

E. The defendant currently occupies the building of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, and 5, the purport of the whole pleadings

2. Determination

A. According to the above facts, the lease contract of this case was lawfully terminated and terminated on October 13, 2016, when the Plaintiff’s declaration of intention to terminate the lease contract of this case was delivered to the Defendant on the grounds of overdue delay as seen earlier by the Defendant. Thus, the Defendant is obligated to pay to the Plaintiff unjust enrichment equivalent to the rent of this case calculated by the ratio of KRW 54,190,740 in total of the above overdue rent and management expenses, and the rent of this case calculated from May 7, 2017 to the completion date of delivery of the building of this case.

B. The Plaintiff against the Defendant from February 21, 2017 to the instant case.

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