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(영문) 서울중앙지방법원 2018.05.08 2017가단94479
건물명도 등 청구의 소
Text

1. The defendant shall be the plaintiff.

(a) order the buildings listed in the annex sheet;

B. From April 11, 2018, 16,000 won and above.

Reasons

1. Facts of recognition;

A. On April 1, 2017, the Plaintiff leased the building listed in the attached Table (hereinafter “instant building”) to the Defendant as the leased deposit KRW 15,00,000,000, monthly rent KRW 3,000,000 (including management expenses, value-added tax separately), the lease period from April 28, 2017 to April 27, 2018, and the lessor may terminate the contract if the lessee fails to pay the building to the Defendant for the monthly rent of three months.

B. On November 1, 2017, the Plaintiff sent to the Defendant a certificate that the said lease contract was terminated on the grounds that the monthly rent under the said lease contract was not paid for three months, and the same month.

2. The notice of termination was sent to the Defendant.

C. Around December 2017, the Defendant paid 9,000,000 won in arrears to the Plaintiff.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. Determination

A. According to the facts of the judgment as to the cause of the claim, since the lease contract that the Plaintiff entered into with the Defendant was lawfully terminated by the Plaintiff’s declaration of termination on November 2, 2017 on the grounds of the Defendant’s delay of rent, the Defendant is obligated to deliver the instant building to the Plaintiff.

Furthermore, even after the termination of the above lease contract, the Defendant is obligated to obtain the profit from the possession and use of the building in this case and thereby, thereby causing damage to the Plaintiff as the owner. In ordinary cases, the amount of profit from the possession and use of the real estate is the amount equivalent to the rent of the real estate. Barring special circumstances, the Defendant is obligated to pay the Plaintiff the rent calculated at the rate of KRW 3,00,000 per month from November 1, 2017 to the completion date of the name of the building in this case, or the rent equivalent to the rent.

The plaintiff asserts that the plaintiff should pay the rent of KRW 9,00,000 in addition to the above rent, but the defendant is in arrears with the plaintiff around December 2017.

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