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(영문) 대구지방법원 2016.08.31 2015나18808
건물명도및임대료
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. On May 15, 2004, the Plaintiff: (a) annual rent of KRW 3,500,000 for a house listed in the separate sheet with the Defendant (hereinafter “instant house”); and (b) annual rent of KRW 3,500,000 for each year

7.1. Payment, term of lease, from July 1, 2004, entered into a lease agreement with five years from July 1, 2004. (b) At the time of entering into the said lease agreement, the Plaintiff agreed not to receive KRW 3,500,000 from the Defendant from July 1, 2004 to June 30, 2005, taking into account the repair cost of the instant housing that the Defendant would incur, at the time of entering into the said lease agreement. The Plaintiff agreed not to receive the rent of KRW 3,50,00 from the Defendant. The Plaintiff did not dispute over the grounds for recognition

2. As to the determination of the cause of the claim, the Plaintiff sought reimbursement of unjust enrichment equivalent to the unpaid rent or rent from May 31, 2015 to the Defendant from May 31, 2015, the Plaintiff received 34,708,326 won (=31,50,000 won + 3,500,000 won + 3,500,000 won x 9 years) from July 1, 2014 to May 31, 2015 + 291,660,50,000 won to May 31, 2015 + the remainder of the rent or rent from May 31, 2015 + KRW 3,208,326 won to the Plaintiff, 208,500 won to the remainder of the rent or rent from May 31, 2015 ±3,500 won to the Plaintiff, 208,500 won to the Plaintiff.

(2) On December 1, 2005, December 31, 2000 1, 2000, July 23, 2006; 200,000; 1,50,000 on August 23, 2007, 200; 1,50,000; 1,50,000 on August 27, 2007; 1,50,000 on July 3, 200, 208; 1,50,00 on July 1, 200; 1, 2008; 1,00; 1,00,00 on July 3, 200; 1, 200; 1,00 on June 3, 200, 200; 1,000 on June 22, 200, 2009;

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