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(영문) 서울중앙지방법원 2019.07.18 2018가단5214725
건물명도(인도)
Text

1. The Defendant shall deliver to the Plaintiff the building indicated in the attached list, and the said building from June 21, 2019 and KRW 2,323,380.

Reasons

1. The plaintiff's ground for claim

A. On October 22, 2014, the Plaintiff entered into a lease agreement with the Defendant to lease an apartment as stated in the attached list with the term of KRW 10,000 won, monthly rent of KRW 80,000,000, and the term of lease from November 15, 2014 to November 14, 2019. The Plaintiff transferred the said apartment to the Defendant around that time.

B. Inasmuch as the Defendant did not pay 1 thalths from December 15, 2017 to January 14, 2018, 9 thalths from February 15, 2018 to November 14, 2018, and 10 thalths from November 14, 2018, the Plaintiff entered in a written complaint that the contract will be terminated on this ground, and the instant warden served the Defendant on December 18, 2018.

C. The amount of unjust enrichment equivalent to the above apartment rent or rent is as follows.

① From December 15, 2017 to January 14, 2018, and February 15, 2018 to December 18, 2018, KRW 8,905,205 (=8,800,000 + 11 month) 105,205 won (4 days x80,000 won x 12/365 days x 4 days x 800,000 won x 12/365 days ; hereinafter the same shall apply) 20. 19 to the Plaintiff: from February 19, 2018 to February 15, 2018 to December 18 18 x 4,905 won in arrears x 60,605,608 won in succession to the Defendant x 605,605,608 won in excess of the amount of the rent x 2005,605,6308 won in succession

On the other hand, the Plaintiff leased to the Defendant a deposit of KRW 10 million and KRW 500,000 in the monthly rent of KRW 500,000 on the same apartment C on the date of the above contract, and terminated the lease and received on June 18, 2019. The unjust enrichment on the apartment is as follows:

① From December 15, 2017 to January 14, 2018, and February 15, 2018 to December 18, 2018, KRW 5,565,753 [5,50,000 (=500,000 x 11 month)] (2) the rent of KRW 5,565,753 (4 days x 50,000 x 12/365 days x 4 days x 5000 x 12/365 days)] ② The rent of KRW 5,553 (6 months) was to be paid during the period from February 19, 2018 to June 18.

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