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(영문) 서울중앙지방법원 2021.02.16 2020가단23422
건물명도 등 청구의 소
Text

The Plaintiff

(a) Defendant C shall pay KRW 1,760,000,000;

B. Defendant B shall attached Form 2

2. Appendix No. 2 of the real estate listed in the list.

Reasons

On September 16, 2019, the Plaintiff recognized the part of the claim against Defendant C as part of the claim against Defendant C.

1. Of the real estate listed in the list, the leased amount of KRW 20,00,000, monthly rent of KRW 1,760,000 (including value added tax), and the period from September 16, 2019 to September 15, 202, the leased portion of KRW 66m2 (A), which connects each point of Section 1,2, 3, 4, 4, and 1,000 (hereinafter referred to as "E") in sequence, was determined and leased from among the real estate listed in the list.

On June 25, 2020, the Plaintiff filed the instant lawsuit seeking the return of the object of lease and the payment of overdue rent on the ground of Defendant C’s delinquency in rent.

Defendant C returned around July 31, 2020 to the Plaintiff on August 6, 2020 by delivering E units to the Plaintiff on August 6, 2020

The plaintiff asserted that he was delivered E on July 31, 2020.

The argument is asserted.

The defendant C recognizes July 31, 2020 as the date of delivery (return) which is favorable to the defendant C.

The Plaintiff returned the E heading to the Plaintiff.

Defendant C paid only two months out of the rent corresponding to the period of occupation and use of E between September 16, 2019 to July 31, 2020, or the amount of unfair profit equivalent to the rent or the amount of unfair profit equivalent to the period of occupation and use of E between September 16, 2019 and July 31, 200, and did not pay the rent or the amount of unfair profit equivalent to the rent or the amount of rent between the remaining eight-month 15

On August 6, 2020, the Plaintiff deducted only the amount equivalent to the rent in arrears for 7 months from the rent deposit, and returned the remaining rent deposit to Defendant C by mistake in the course of settling the deposit and rent for the lease with Defendant C through Defendant B.

[Grounds for recognition] According to the above facts of recognition as to Gap evidence Nos. 3 and 7 and the purport of the whole pleadings, defendant C is obligated to pay KRW 1,760,000, which is part of the overdue rent or unfair profit equivalent to the rent (one-month portion) as requested by the plaintiff.

Defendant C paid the entire overdue rent at the time of settlement on August 6, 2020.

However, as seen earlier, the Plaintiff appears to have returned the balance of the deposit without deducting the amount equivalent to the overdue rent for not less than one month from the leased deposit due to mistake.

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