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(영문) 의정부지방법원 2018.10.30 2017가단24588
건물명도 등
Text

1. The defendant

(a)on delivery of Kui-si C Apartment, 103 Dong 1101,

B. From November 1, 2017, the same shall apply.

Reasons

1. On June 14, 2016, the Plaintiff leased the instant apartment to the Defendant with the period from 20,000,000 won for deposit, monthly rent of KRW 1,20,000 for monthly rent, and the period from July 30, 2016 to July 30, 2018 for lease.

However, the Plaintiff and the Defendant from July 30, 2016, deposited KRW 10,00,000, monthly rent of KRW 1,300,000, and the above contents were applied since September 30, 2016.

The defendant did not pay KRW 10,000,000 until September 30, 2016.

On August 9, 2017, the Defendant paid KRW 6,100,000 to the Plaintiff in arrears by the end of August 2017, but did not comply therewith.

2. On October 17, 2017, the Plaintiff filed the instant lawsuit on the grounds of the delinquency in payment of the monthly rent for at least two years, and the lease contract between the Plaintiff and the Defendant was terminated upon the delivery of the complaint by the Defendant.

Therefore, the defendant is obligated to deliver the apartment of this case to the plaintiff as restitution following the termination of the lease contract, and to pay the plaintiff the amount of unjust enrichment equivalent to the monthly rent until the overdue monthly rent and delivery.

Guarantee Money - Deduction of 6,100,000 won in arrears after deduction of 6,100,000 won in arrears until July 2017 - 3,900,000 won in - 3,90,000 won shall be appropriated to the monthly tax in August 2017, 201.

3. Accordingly, the Defendant is obligated to deliver the instant apartment to the Plaintiff and pay the amount of unjust enrichment at the rate of KRW 1,300,000 per month from November 1, 2017 to the time of delivery of the instant apartment. Therefore, the Plaintiff’s claim is partially accepted.

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