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(영문) 서울동부지방법원 2018.07.06 2017가단113892
건물명도(인도)
Text

1. The defendant shall receive KRW 23,480,786 from the plaintiff and at the same time real estate stated in the attached Table 1 to the plaintiff.

Reasons

1. Facts of recognition;

A. On January 30, 2010, the Plaintiff leased real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) to the Defendant with a deposit of KRW 30,000,000, monthly rent of KRW 750,000 (payment on February 18, 201), and the lease period from February 18, 2010 to February 17, 2012.

(hereinafter “instant lease agreement”). B.

The Defendant paid the above security deposit to the Plaintiff and occupied the instant real estate, and extended the lease contract by implied renewal even after the lease term expires, and was paid by increasing the monthly rent to KRW 800,000 as from May 2014.

C. However, as the Defendant decided to pay the monthly rent from April 18, 2010 to the 18th day of July, 2010, the payment of the monthly rent was delayed or was to be paid at the latest on July 18, 2010, and continued to delay in the payment of the rent by paying the monthly rent to the her husband on September 1, 2010, resulting in the amount exceeding the 24,000,000 won in arrears on January 23, 2017, the Plaintiff notified the Defendant of the details of the unpaid monthly rent, and the Plaintiff requested the Defendant’s husband C to leave the instant real estate by the end of February 2017 through the mobile phone message.

On February 16, 2017, the Defendant remitted KRW 24,000,00 to the Plaintiff, and continued to use and benefit from the instant real estate.

E. On March 28, 2017, the Plaintiff filed the instant lawsuit against the Defendant seeking delivery of the instant real estate and payment of unjust enrichment equivalent to rent, and the Defendant, while pending the lawsuit, went to the instant real estate director on January 22, 2018, but did not return the keys.

F. The details of monthly rent that the Defendant paid to the Plaintiff during the lease, use, and profit-making of the instant real estate are as indicated in the column of repayment and the amount of repayment on the calculation sheet of attached appropriation 2.

[Ground of recognition] Unsatisfy, A(1) through (3)

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