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(영문) 서울동부지방법원 2020.07.16 2019가단147486
청구이의
Text

1. Compulsory execution against the defendant against the plaintiff by Seoul Eastern District Court 2019 tea 2224 is 8,937.

Reasons

1. Basic facts

A. On October 1, 2018, the Plaintiff and C (hereinafter referred to as “Plaintiff, etc.”) were co-owners of the buildings of the first floor neighborhood living facilities on the ground of the wife population D at Chicago-si, and were leased on October 1, 2018, with the lease deposit of KRW 10 million and KRW 1.5 million per month of rent, KRW 1.5 million per month (in addition, in advance), bearing individual or common electricity charges and water supply and sewerage charges, bearing the lessee of water supply and sewerage charges, from October 1, 2018 to September 30, 202, and received the above lease deposit from E, respectively.

(hereinafter “instant lease agreement”). B.

E, while receiving the instant store’s delivery and operating a restaurant with the trade name “H”, on March 4, 2019, transferred the above right to return the lease deposit to the Defendant, and the Plaintiff received the said notice of assignment of claims around June 10, 2019.

C. On June 20, 2019, the Plaintiff and E agreed on the instant lease agreement.

Plaintiff

On June 21, 2019, the lease term of this case was again leased to I under the same condition (However, until September 30, 2020 as the previous lease contract of this case).

(hereinafter “Ex Post Facto Rental Contract”). D.

On July 12, 2019, the defendant applied for a payment order against the plaintiff to the court for the return of the above lease deposit from the above court on July 22, 2019 to the creditor (the plaintiff) at the rate of 12% per annum from the day following the service of the original copy of the payment order in this case to the day of complete payment (hereinafter "the payment order in this case"). The above payment order was delivered to the plaintiff on July 26, 2019 and became final and conclusive on August 10, 2019. The above original of the payment order was delivered to the plaintiff on July 26, 2019 and became final and conclusive on August 10, 2019. The fact that there is no dispute over the grounds for recognition, Gap 1 through 4, and 7 evidence, and the purport of the entire pleadings.

2. Determination on the claim for restitution of unjust enrichment

A. The gist of the Plaintiff’s assertion E is ① unpaid rent and management fee from June 2019 to May 2020, and ② unpaid rent and management fee from June 2019 to May 2020.

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