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(영문) 서울중앙지방법원 2015.10.14 2015가단44739
건물명도 등
Text

1. Of the instant lawsuit, KRW 16,637,50 per month from August 25, 2015 to the completion date of delivery of real estate listed in the separate sheet from August 25, 2015.

Reasons

1. Basic facts

A. On January 25, 201, the Plaintiff entered into a contract with the Defendant to lease the real estate listed in the attached list (hereinafter “instant real estate”) with the lease deposit amount of KRW 150,00,000, monthly rent of KRW 12,50,000 (in addition to value-added tax, payment on the last day of each month), and the term of lease from January 25, 201 to January 25, 201 (hereinafter “instant lease agreement”).

The instant lease agreement increased the rent by 10% every two years after the commencement of the initial lease of the instant real estate. In the event the Defendant did not pay monthly rent, management fee, and public charges for at least two months, the Plaintiff was entitled to immediately terminate the instant lease agreement without the peremptory notice.

B. However, from December 2014 to February 2015, the Defendant delayed payment of rent for three months. The Plaintiff submitted to the court the instant complaint containing an expression of intent to terminate the instant lease agreement, and the duplicate was served on the Defendant on March 19, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2, significant facts in this court, purport of the whole pleadings

2. According to the above findings of determination, the instant lease agreement was terminated by serving the Defendant on March 19, 2015, which contained the Plaintiff’s declaration of termination, and thus, barring any particular circumstance, the Defendant is obligated to deliver the instant real estate to the Plaintiff, barring any specific circumstance.

However, the Defendant made a defense against the return of the instant lease deposit and simultaneous performance. The Plaintiff sought against the Defendant for payment of future unjust enrichment [16,637,500 won equivalent to the monthly rent from August 25, 2015 to the completion date of delivery of the instant real estate (i.e., 13,750,000 won x 110% considering the rate of 20% to be increased after the lapse of two years x 1.1). Accordingly, the Defendant ultimately filed a claim against the Plaintiff for payment of the amount calculated at the rate of 150,000 won from August 25, 2015 to the completion date of delivery from August 16, 637.

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