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1. Defendant C:
(a) deliver the buildings listed in the annex;
B. 7,000,000 won and as regards this, March 20, 2019
Reasons
1. Determination on the cause of the claim
A. 1) On January 12, 2017, the Plaintiff: (a) on January 12, 2017, the attached building owned by the Plaintiff to Defendant C (hereinafter “instant building”).
3,50,000 won per month without deposit, and the term of lease from March 1, 2017 to May 31, 2018 respectively (hereinafter “instant lease agreement”) was respectively determined and leased (hereinafter “instant lease agreement”).
(2) Defendant C did not pay monthly rent to the Plaintiff even though the instant lease term expires, Defendant C continuously occupied and used the instant building while residing in the instant building, and Defendant C did not pay monthly rent to the Plaintiff.
3) Meanwhile, the details of management expenses that Defendant C has not yet paid even after the due date has arrived as of the date of the closing of the argument in this case are ① 497,520 won in July 2018, ② 723,070 won in August 2018, ③ 497,490 won in September 2018, ④ 235,860 won in total, ④ 1,953,940 won in March 23, 2019 (=497,520 won in KRW 723,070 in KRW 497,497,490 in KRW 235,860 in total). The management expenses in April 2019 did not dispute over the purport that the due date has not yet arrived as of May 28, 2019 (as of May 21, 2019).
B. According to the above facts, since the lease of this case terminated after the expiration of the lease of this case, Defendant C, a lessee, is obligated to deliver the building of this case to the Plaintiff, a lessor, and pay the following illegal gains, unjust enrichment, and overdue management expenses, as requested by the Plaintiff: 7,000,000 won (=3,50,000 won x 2 months x month) and the legal interest rate of 15% per annum (the following day of delivery of the complaint of this case) from March 20, 2019 to the day of full payment (the legal interest rate of the Act on Special Cases Concerning the Encouragement, etc. of Legal Proceedings) should be separately determined by each subject matter of lawsuit, as the Plaintiff seeks.
Supreme Court on December 27, 2012