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(영문) 서울북부지방법원 2017.01.10 2016가단22711
건물명도등
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

(b) 1,310,740 won and November 1, 2015.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to the grounds for the claim Gap's evidence Nos. 1 through 11, the plaintiff entered into a lease agreement with the defendant on October 7, 2015, which provides for the lease deposit amount of KRW 5,00,000, monthly rent of KRW 650,000, monthly management fee of KRW 70,000, monthly management fee of KRW 70,000, and the lease period of KRW 70,000, October 7, 2015 to October 6, 2016 (hereinafter "the lease agreement of this case"), and delivered the above real estate to the defendant on the same day. The defendant delivered the above real estate to the defendant on the same day on the grounds that the plaintiff paid the lease contract amount of KRW 480,580, KRW 580, KRW 970, KRW 52,970, KRW 10,06, Oct. 16, 2015.

According to the above facts, the instant lease agreement was lawfully terminated on June 18, 2016, when the Plaintiff’s expression of intent to terminate the lease agreement reached the Defendant, and thus, the Defendant is obligated to deliver the instant real estate to the Plaintiff and pay the amount calculated by the ratio of KRW 720,00 per month from November 1, 2015 to November 1, 2015, as unpaid monthly rent, management fee, or unjust enrichment equivalent to the amount of KRW 1,310,740, and the amount of unpaid monthly rent, management fee, or rent.

2. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim of this case is reasonable.

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