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(영문) 전주지방법원 2017.11.07 2017가단3279
건물명도등
Text

1. The defendant shall pay 3.2 million won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. One of the costs of lawsuit;

Reasons

1. Comprehensively taking into account the purport of the entire arguments in Gap evidence Nos. 1 through 4 (including each number), as to the cause of the claim, the plaintiff entered into a lease agreement with the defendant around October 24, 2013 on the lease deposit amount of KRW 10,000,000 and KRW 2,000,000,000,000 for monthly rent (hereinafter referred to as the "instant contract"), and then delivered the said real estate to the defendant around that time. The defendant, without paying the above lease deposit, notified the defendant of the lease deposit amount of KRW 12,00,000 on October 24, 2013, KRW 120,000 on June 21, 2014, KRW 200,000 on KRW 1,205,000 from June 25, 2015, = 206,000 won on each of the instant real estate that the plaintiff did not pay the deposit to the defendant.

On the other hand, on June 2017, the Plaintiff opened the door at which the instant real estate was corrected through the early key airspace, and thereafter, was a person who freely enters the instant real estate.

According to the above, the contract of this case was terminated by the plaintiff's notice of termination due to the defendant's non-performance of the obligation to pay rent around July 2016, and it is reasonable to view that the defendant occupied and used the real estate of this case by the beginning of June 2017.

Therefore, the Defendant is obligated to pay the Plaintiff the unpaid rent and unjust enrichment equivalent to the unpaid rent from February 1, 2016 to June 2017, 3.2 million won (=200,000 won x 16 months).

In addition, the Plaintiff sought payment of unjust enrichment equivalent to the rent from June 2017 to August 2017, but the Defendant occupied and used the instant real estate after June 2017.

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