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(영문) 광주지방법원 2019.01.25 2018가단22454
건물인도 등
Text

1. From 400,000 to 350, the Defendant: (a) from December 14, 2018 to the delivery date of real estate indicated in the separate sheet from December 14, 2018.

Reasons

1. Basic facts

A. On May 2, 2017, the Plaintiff leased real estate listed in the separate sheet (hereinafter “instant real estate”) owned by the Plaintiff to the Defendant, with a deposit of KRW 3,00,000, monthly rent of KRW 350,000 (payment in advance on October of each month) and the lease term of KRW 10,000 from June 10, 2017 to June 9, 2019.

(hereinafter “instant lease agreement”). B.

As the Defendant did not pay monthly rent, on June 18, 2018, the Plaintiff sent to the Defendant a certificate indicating that “from January 10, 2018, the Plaintiff would terminate the instant lease agreement,” the Plaintiff paid only KRW 1,100,000 out of the monthly rent of KRW 2,100,000 until then, and did not pay the remainder of KRW 1,10,000 until July 10, 2018.”

The first content certification is 'the first content certification'.

(c) The Defendant received the first content certification, and paid KRW 600,000 to the Plaintiff on July 9, 2018, but thereafter, delayed the payment of monthly rent. [The fact that there is no dispute over the grounds for recognition, Party A’s evidence No. 1, Party A’s evidence No. 3, Party A’s evidence No. 4-1 and Party No. 4-2, and the purport of the whole pleadings.

2. The fact that the Plaintiff expressed his/her intention to terminate the instant lease contract by serving the duplicate of the complaint in this case on the grounds that according to the above fact of recognition, the monthly rent that the Defendant did not pay as of October 1, 2018, which was served on the Defendant at the time when the duplicate of the complaint in this case was served, was KRW 1,100,000 as of June 18, 2018; KRW 600,000 paid by the Defendant on July 9, 2018, and KRW 1,050,000 ( KRW 350,000 x 33 months) from June 18, 2018 to October 1, 2018, the instant lease was terminated as of June 1, 2018.

Meanwhile, according to the above facts, the Defendant’s monthly rent and unjust enrichment equivalent to the monthly rent not paid until December 14, 2018, which was the date of the closing of argument in the instant case, shall be KRW 1,100,000 as of June 18, 2018 - KRW 600,000 paid by the Defendant on July 9, 2018, and from June 18, 2018 to December 14, 2018.

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