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(영문) 청주지방법원충주지원 2019.04.04 2018가단3314
건물명도(인도) 등
Text

1. From 7,178,740 won to 7,178,740 won, the Defendant shall deliver the real estate listed in the separate sheet from March 7, 2019 to 7,000 won.

Reasons

Comprehensively taking account of the overall purport of the pleadings in the evidence Nos. 1 through 10 of the judgment as to the cause of the claim, the Plaintiff leased the real estate listed in the separate sheet (hereinafter “instant apartment”) to the Defendant on March 16, 2017 as “the lease period: from May 7, 2017 to May 6, 2019; the lease deposit: KRW 30 million; and the monthly rent: 1.4 million; the Defendant paid the said lease deposit to the Plaintiff; the Defendant paid KRW 30 million to the Plaintiff by March 6, 2019; the Plaintiff paid KRW 18.2 million (total rent KRW 308 million; KRW 12.6 million paid; KRW 12.6 million paid; the Defendant paid the lease deposit to the Defendant on May 4, 2019 to May 6, 2019; and the fact that the Plaintiff paid the management fee to the Plaintiff on March 26, 2016.

According to the above facts, the defendant's failure to pay two or more rents is recognized, and it is apparent that the duplicate of the complaint of this case, including the declaration of intent to terminate the above lease contract, was delivered to the defendant on November 2, 2018, and thus, the contract of this case was terminated.

Therefore, the Defendant is obligated to receive the Plaintiff the remainder of the amount obtained by deducting the unjust enrichment from the rent rent of KRW 18.2 million from March 7, 2019 to March 6, 2019 to the date of delivery of the instant apartment from the rent of KRW 1.4 million, which was paid by March 6, 2019 (the rent of KRW 30 million - the rent of KRW 18.2 million - the management fee of the substitute payment of KRW 4,621,260) from the rent of KRW 1,40,000,000, from the rent of KRW 7,178,740 to the Plaintiff.

In conclusion, the plaintiff's claim is accepted as reasonable.

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