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(영문) 서울중앙지방법원 2016.05.13 2015가단150566
건물명도등
Text

1. The Defendants: (a) Defendant B from 200,000,000 to 16,000,000 won; and (b) KRW 12,00,000 among them.

Reasons

1. Basic facts

A. On December 11, 2013, the Plaintiff leased to Defendant B, each of the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) with a lease deposit of KRW 200,000,000, monthly rent of KRW 3,000,000 (payment on the six-day payment each month), and the lease period from January 6, 2014 to January 6, 2016, respectively.

(hereinafter referred to as the "instant lease contract". (b)

Defendant B did not pay the monthly rent of KRW 1,000,000 among the monthly rent of April 2014, and KRW 9,000,000 from August 2014 to October 20, Defendant B paid the monthly rent of KRW 8.7,00,00,00 in total, and KRW 16,00,00 in total.

C. On July 16, 2015, the Plaintiff notified Defendant B of the termination of the instant lease agreement due to the failure to pay two or more monthly rents.

On the other hand, Defendant C, D, and E are residing in the instant real estate moving-in report.

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

2. Determination

A. According to the above facts finding as to the cause of the claim, since the instant lease agreement was lawfully terminated due to Defendant B’s delinquency in rent, the Defendants are obligated to deliver the instant real estate to the Plaintiff, and Defendant B is obligated to pay the Plaintiff the amount of unjust enrichment equivalent to the rent calculated by the ratio of KRW 16,00,000,000 in total of the unpaid monthly rent and damages for delay, and the amount of unjust enrichment equivalent to the rent of KRW 3,00,000 in total from April 7, 2016 to the date the delivery of the instant real estate is completed.

(Plaintiff claimed the payment of unjust enrichment equivalent to the rent from January 7, 2016, but Defendant B claimed that it was the monthly rent from January 7, 2016 to April 6, 2016, and the Plaintiff also recognized it. Accordingly, the Plaintiff is recognized only as unjust enrichment after April 7, 2016.

The Defendants’ assertion that the Defendants exempted the Defendants’ assertion from the monthly rent of 1st month is the monthly rent from April 2014 to October 2014, since the Plaintiff’s enjoyment and leakage of the instant building.

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