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(영문) 수원지방법원 2017.12.07 2017가단31506
임료
Text

1. The defendant shall be the plaintiff.

(a) In addition, indication of drawings (1), (2), (3), (4), and (1) of the five floors of the building listed in the attached list;

Reasons

1. On May 10, 2016, the Plaintiff indicated in the attached Form No. 1, (2), (3), (4), and (1) part 24.3 square meters inboard connected with each point in sequence, and (2) 504 square meters in the attached Table No. 24.3 square meters (hereinafter “instant real estate”) to the Defendant on the fifth floor of the building indicated in the attached Table No. 1, (2), (3), (4), and (3) the lease deposit deposit amount of KRW 5,000, monthly rent of KRW 350,000, monthly management fee of KRW 55,000, monthly management fee of KRW 55,000, and from May 12, 2016 to May 11, 2018.

On the other hand, the Defendant did not pay two or more occasions, and the Plaintiff expressed his intention to terminate the instant lease agreement on the ground of the following delay at least two occasions by serving a duplicate of the instant complaint. As such, the instant lease agreement was rescinded on May 27, 2017.

Therefore, the Defendant is obligated to order the Plaintiff to use the instant real estate and pay the Plaintiff the amount of unjust enrichment equivalent to the rent or rent, calculated at the rate of KRW 405,00 per month from May 12, 2016 to the completion date of the above surrender.

2. Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act).

3. Some of the dismissed parts of the Plaintiff seek payment of unjust enrichment amounting to KRW 405,00 per month from May 12, 2016 to the completion date of the above life expectancy. However, the Plaintiff is a person who received KRW 1,00,000 from the Defendant as rent. As such, the Defendant is not obligated to pay the Plaintiff the above unjust enrichment amounting to KRW 6,885,00 ( KRW 405,000 x 17 months x 17 months excluding the remainder of KRW 5,885,000,000, and the remainder of KRW 405,000 from October 12, 2017 to October 11, 2017.

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