logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.08.21 2017가단5203452
건물명도(인도)
Text

1. The Defendant shall pay to the Plaintiff KRW 12,877,098 and the interest rate of KRW 15% per annum from June 27, 2018 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On August 22, 2015, the Defendant: (a) concluded a special agreement with C to recover the instant store in the form at the time of construction after the expiration of the contract, setting the lease deposit of KRW 10,000,000, the rent of KRW 1,250,000 (in addition to value-added tax and KRW 60,000,000), the lease period of KRW 10,00 (in addition to management expenses and KRW 60,000), and the lease period of KRW 12 months from September 1, 2015 (hereinafter “lease”); and (b) the instant store at the time of eviction after the expiration of the contract.

B. On October 1, 2015, the Plaintiff purchased the instant building from C and succeeded to the lessor’s status as to the instant store.

C. The instant lease was implicitly renewed on or around September 2016, and the Defendant did not pay the water and electricity charges from June 2016, and the rent from February 2017.

On August 31, 2017, the Plaintiff notified the Defendant of the termination of the lease of this case on the ground of the refusal to renew the lease of this case, along with the refusal to renew the lease of this case.

On April 23, 2018, the Defendant delivered the instant store to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap 1 through 3, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. According to the fact that the rent in arrears and the illegal gains equivalent to the rent in arrears are recognized, the Defendant is obligated to pay the Plaintiff the rent in arrears and the amount of unjust enrichment equivalent to the rent in arrears as indicated below from February 2, 2017 to April 23, 2018.

The Defendant’s overdue rent and unjust enrichment of KRW 875,00 on February 1, 2017 to March 1, 2017 to March 1, 2018 to 1,435,000 on March 1, 2018 to 13 months = 18,65,00 won from April 1, 2018 to

4. 23. 1,435,00 won ¡¿ 23/30 =1,00,166 won in total;

B. According to the fact of the above recognition of unpaid water and electricity charges, the Defendant is obliged to pay the Plaintiff unpaid water and electricity charges as indicated below.

(1) Underpaid water and electricity charges (i.e., the sum of unpaid water and electricity charges (ii) 4,700 won on June 31, 2016 4,941 won 36,641 won on August 29, 2017 5,036 won on 34,736 won on 34,736 won on 30,000 won on 5,806 won.

arrow