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(영문) 수원지방법원평택지원 2016.10.20 2016가단5929
임대차보증금
Text

1. The Defendant’s KRW 19,300,000 per annum for the Plaintiff and KRW 5% per annum from September 24, 2016 to October 20, 2016.

Reasons

1. Basic facts

A. On December 8, 2011, the Plaintiff leased (hereinafter “instant lease agreement”) a lease deposit of KRW 30,000,000, monthly rent of KRW 1,500,000 (payment of KRW 10,000,000 for each subsequent month) to the Defendant (hereinafter “instant lease agreement”) from December 10, 201 to December 10, 2013.

B. The instant lease agreement expired on December 10, 2013.

C. Meanwhile, the Defendant paid the Plaintiff the rent by October 10, 2013. From November 10, 2013 to July 6, 2016, the instant real estate continued to possess and use the instant real estate without paying rent, etc. to a third party at the auction procedure from November 10, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3-1 to 6, and the purport of the whole pleadings

2. According to the above findings of determination, the lease contract of this case terminated on December 10, 2013. Since the Defendant continued to occupy and use the real estate of this case even before the sale to a third party without any legal cause until July 5, 2016, which was before the date before the sale to the third party, and gains profit from the Plaintiff, and losses to the Plaintiff, the Defendant is obliged to pay to the Plaintiff the amount equivalent to 49,30,000 won in arrears and the amount of unjust enrichment equivalent to the rent in arrears from November 10 to July 5, 2016 [1,50,000 x 32 months + 1,500,000 x 26/300 x 26/300 x 1,000 won in arrears from the day after the date following the date of repayment to the date of performance of the obligation to pay the Plaintiff the amount of 30,000,000 won in 20,000 won in 16.

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