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(영문) 서울북부지방법원 2016.05.13 2015가단147293
건물명도
Text

1. The Defendant’s KRW 16,500,000 and its annual rate from February 1, 2016 to April 8, 2016 to the Plaintiff is 5% and the next day.

Reasons

1. Facts of recognition;

A. On August 1989, the Plaintiff, as the owner of the house indicated in the attached list, entered into a lease agreement with the Defendant on a deposit of KRW 3 million, KRW 150,000,000, monthly rent, and KRW 12 months for rent as to the two partitions of the above house among the above houses, and delivered the leased object on August 15, 1989 (hereinafter “instant house”).

B. Since then, the above lease contract was implicitly renewed, and the leased object was also changed from 2 to 3 partitionss in the underground room, and the rent was increased to 500,000 won from June 2012.

C. From November 2012, the Defendant did not pay rent from around November 201, and the Plaintiff urged the payment of rent several times, and on November 9, 2015, notified the Defendant that the lease contract was terminated due to overdue rent, and that the instant house should be returned up to November 23, 2015.

On January 31, 2016, the Defendant moved out of the instant house and delivered the said house to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. Determination:

A. According to the above facts of recognition, the Defendant is obligated to pay the monthly rent from November 2012, 2012 to November 201, 2015, the lease contract between the Plaintiff and the Defendant, which was terminated between the Plaintiff and the Defendant, and the following day to January 31, 2016, the Defendant’s withdrawal from the instant house, to January 31, 2016.

B. As to the amount to be returned to the Plaintiff by the Defendant, there is no dispute between the parties that the sum of the rent or unjust enrichment equivalent to KRW 500,000 per month calculated by the ratio of KRW 500,000 per month from November 2012 to January 2016, as to the amount to be returned to the Plaintiff by the Defendant, for 39 months from the instant house to January 2016.

On the other hand, the lease deposit in the building lease is the lease contract, such as not only the rent during the lease term, but also the damage claim that occurred from the performance of the building name.

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