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(영문) 대전지방법원천안지원 2016.09.01 2015가단20502
건물인도 및 부당이득금
Text

1. The Plaintiff:

A. Defendant B shall complete the payment of KRW 13,072,175 and KRW 4,920,00 among them from November 14, 2015.

Reasons

1. Basic facts

A. On July 6, 2015, the Plaintiff entered into a lease agreement with Defendant B and the Plaintiff on the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant lease agreement”). According to the instant lease agreement, the lessor, the Defendant B, and the lessee, the lease deposit, KRW 30,000 (10,000 shall be paid at the time of a contract and the remainder of KRW 20,000 shall be paid until October 11, 2015), the monthly rent is KRW 1,20,000 (Additional Tax), and the lease term is from July 11, 2015 to July 11, 2017 (hereinafter “instant lease agreement”). According to the foregoing agreement, the lessor may terminate the lease agreement by adding the rent of the lessee to the rent of the three-year rental period (20% per annum).

B. Defendant B, immediately after the lease contract of this case, allowed Defendant C to use the instant store and actually occupied and used the instant store by Defendant C alone.

C. Even after Defendant B moved in, Defendant B did not fully pay the remainder deposit of KRW 20,00,000 and monthly rent, the Plaintiff notified Defendant B of the termination of the instant lease agreement through the content-certified mail on November 13, 2015.

On the other hand, the Plaintiff received the instant store around March 10, 2016. At that time, the unpaid management expenses amounted to KRW 7,531,300.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleadings

2. Determination:

A. Since Defendant B’s assertion did not pay the rent and the Plaintiff terminated the instant lease agreement, the Defendants are jointly obligated to jointly pay the Plaintiff KRW 18,651,300,00, in total, the sum of the overdue rent and the unjust enrichment from the rent from July 11, 2015 to March 10, 2016, and KRW 9,600,000, the late rent of KRW 560,000, the value-added tax on the monthly rent of KRW 18,651,30, the unpaid management fee of KRW 7,531,30.

B. Claim against the Defendant B

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