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(영문) 서울중앙지방법원 2018.09.11 2017가단5168207
건물명도(인도)
Text

1. The defendant shall pay to the plaintiff KRW 1,020,000.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. Facts of recognition;

A. On September 16, 2015, the Plaintiff entered into a lease agreement with the Defendant, setting the rental period for the instant apartment owned by the Plaintiff from September 16, 2015 to September 15, 2017 (24 months), the deposit amount of KRW 10,000,000, and the monthly rent of KRW 600,000 (payment in advance on September 16, 201).

(hereinafter “instant lease agreement”). B.

The Defendant paid a security deposit in accordance with the instant lease agreement, and occupied the instant apartment, and did not pay a monthly rent from October 16, 2016.

C. On April 26, 2018, the Defendant transferred the possession of the instant apartment to the Plaintiff.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. According to the above facts, the defendant is obligated to pay to the plaintiff the monthly rent and unjust enrichment of KRW 11,020,000 (=60,000 x 11/30 days from October 16, 2016 to April 26, 2018) unpaid monthly rent and unjust enrichment of KRW 11,020,00 for the plaintiff. Meanwhile, as seen earlier, the fact that the defendant already transferred the possession of the apartment of this case to the plaintiff and transferred the possession of the apartment of this case, the plaintiff's claim for extradition and the claim for return of unjust enrichment are without merit. 2) The non-paid monthly rent and unjust enrichment of the defendant shall be deducted from the lease deposit to be returned to the plaintiff. The unpaid monthly rent of KRW 11,020,00 for the rent of KRW 10,000 for the month when the payment is made shall remain in excess of KRW 1020,000.

3. Therefore, the defendant is obligated to pay KRW 1,020,000 to the plaintiff.

3. To accept part of the Plaintiff’s claim for conclusion

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