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(영문) 창원지방법원진주지원 2016.08.18 2016가단154
건물명도 등
Text

1. From 40,00,000 to 40,000 won, the Defendant completed the delivery of the following real estate from December 5, 2015.

Reasons

Basic Facts

On April 15, 2012, the defendant

As stated in the foregoing paragraph, when leasing a 105.32 square meters of the C1st floor in Jinju-si (hereinafter “instant commercial building”), it paid KRW 18,000,000 to the lessee E of the said commercial building.

On April 16, 2012, the Defendant leased the instant commercial building at KRW 40,00,000 per annum, and KRW 600,000 per annum (hereinafter “the instant lease”), and the said lease has been implicitly renewed thereafter.

On April 20, 2015, the Plaintiff purchased the instant commercial building from D and completed the registration of ownership transfer in the future of the Plaintiff, and succeeded to the lessor’s status of the instant lease and received 600,000 won per month from the Defendant.

From September 5, 2015, the Defendant paid to the Plaintiff the rent of KRW 1,800,000, which is the rent for the period of January 6, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 2, and 1, 2, and the plaintiff succeeded to the status of the lessor of the lease of this case. Facts that the deposit of the lease of this case was 40,000,000 won per month, the rent was 60,000 won per month, and the facts that the defendant did not pay rent to the plaintiff from September 5, 2015 (if the defendant paid a part of the rent late January 6, 2016, it does not change the fact that the rent was turned back again).

Meanwhile, the Plaintiff expressed to the Defendant the intent to terminate the lease of this case on the ground of the delinquency in payment of two or more rents by the delivery of the duplicate of the complaint of this case. After the termination of the lease of this case, it is ratified that the amount of unjust enrichment equivalent to the rent of this case on the commercial building of this case is KRW 600,000 per month as the rent.

Therefore, barring any special circumstance, the Defendant is equivalent to the rent or rent from 40,000 to 40,000 won from 5, 2015 (the three-month rent that is late paid by the Defendant later is appropriated respectively from 9, 10, 100, and 11.).

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