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(영문) 서울중앙지방법원 2015.01.07 2013가단5151362
건물명도
Text

1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.

2. Defendant B: The Plaintiff

a. 65,500.

Reasons

1. The facts following the facts of the basis may be found either as a dispute between the parties or as a whole by examining the purport of the entire pleadings in each entry in the evidence Nos. 1, 2 (including paper numbers), and No. 2.

On February 13, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B by setting the lease deposit amount of KRW 50,000,000 per month, KRW 5,500,00 per month, which is the tea (payment date) and February 14, 2014 from the same date as the lease term expires.

B. On February 15, 2012, Defendant B paid a lease deposit to the Plaintiff, and occupied and used the instant real estate with Defendant C, his father, after moving into the instant real estate.

C. Defendant B did not pay to the Plaintiff at all, and the instant complaint containing the Plaintiff’s expression of intent to terminate the instant lease agreement on the grounds of Defendant B’s unpaid rent, reached November 13, 2013 to the said Defendant.

2. Determination:

A. According to the above facts finding as to the cause of the claim, since the instant lease contract was terminated, the Defendants are obligated to deliver the instant real estate to the Plaintiff, and Defendant B is obligated to pay 15,500,000 won in arrears from March 15, 2012 to November 15, 2013 (=5,500,000 won in arrears x 21 month) minus KRW 50,500,000 in lease deposit, and to pay damages for delay calculated at a rate of 20% per annum from November 14, 2013 to the date of full payment, from November 15, 2013 to the date of delivery of the instant real estate.

Unlike as stated in the instant lease agreement, the Plaintiff paid only KRW 40,000,000 to the Defendants, so only KRW 40,000 from overdue rent or unjust enrichment.

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