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(영문) 인천지방법원 2015.05.12 2014가단253964
건물명도
Text

1. The Defendant’s month from KRW 751,222 to the completion date of delivery of real estate indicated in the separate sheet from April 1, 2015.

Reasons

According to the overall purport of Gap evidence Nos. 1, 2, 5, 6, and 7 and arguments, on June 28, 2013, the plaintiff sent to the defendant, on June 28, 2013, a certificate of content that the lease contract of this case is automatically terminated where the plaintiff did not pay the defendant the unpaid rent by no later than two months on September 30, 2014, the fact that the defendant did not receive the above proof of content (the payment of the rent of this case was limited to the delayed payment of the rent of this case), but the defendant still failed to pay the unpaid rent of this case (the payment of the rent of this case was limited to the delayed payment of the rent of this case).

According to the above facts, the instant lease contract was terminated on September 30, 2014 due to the Defendant’s nonperformance of obligation.

Furthermore, according to the overall purport of evidence Nos. 3, 4, 8, and 9 as well as the entire pleadings, it is recognized that the unpaid management fee from May 2014 to September 2014 was KRW 3,157,00 (including additional tax) that the Defendant had unpaid from September 2014, and that the unjust enrichment from possession without any legal cause until March 31, 2015, which is the date following the day of closing the argument in this case, was KRW 4,200,00 (in calculating the unjust enrichment as losses from the end of the month x 6 months x 700,000) was 60,798, and the unpaid management fee was 1,830,980 won until March 31, 2015, the Defendant is obligated to return the real estate in this case to the Plaintiff at a rate of KRW 700,000 per month.

Therefore, the Defendant is obligated to pay to the Plaintiff the sum of KRW 9,248,778 (i.e., unpaid rent of KRW 3,157,00 for unjust enrichment of KRW 4,200 for late payment of KRW 60,798 for unpaid rent of KRW 1,830,98 for unpaid management expenses, and at the time of March 31, 2015.

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