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(영문) 인천지방법원 2020.10.16 2020가단234940

건물인도

Text

For the plaintiffs, the defendant

(a) deliver the real estate listed in the separate sheet;

B. 7,000,000 won and its interest on June 2020

Reasons

1. Facts of recognition;

A. On April 2018, the Plaintiffs leased the instant real estate to the Defendant by setting the deposit amount of KRW 25 million, monthly rent of KRW 1.2 million, and the term of lease from April 26, 2018 to April 25, 2020 (hereinafter “the instant lease”).

B. On April 26, 2018, the Defendant received the instant real estate from the Plaintiffs.

The Defendant did not pay the Plaintiffs a total of KRW 8.2 million by May 25, 2020, and transferred KRW 1.2 million to the Plaintiffs on June 5, 2020.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Gap evidence No. 2, purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, since the defendant delayed the payment of more than two rents to the plaintiffs, the defendant served the defendant on June 16, 2020 as the plaintiff's complaint indicating the intent to terminate the lease contract of this case was delivered to the defendant. The lease contract of this case was lawfully terminated.

Therefore, the defendant is obligated to deliver the real estate of this case to the plaintiffs, and pay the amount of unpaid rent of 7 million won and the amount of unjust enrichment equivalent to the rent of 1.2 million won per annum from June 17, 2020 to October 16, 2020, which is the date following the date of delivery of a copy of the complaint of this case claimed by the plaintiffs, which is appropriate to dispute over the existence and scope of the defendant's performance obligation, from June 17, 2020 to October 16, 2020, and to pay damages for delay at the rate of 5% per annum as stipulated in the Civil Act and 12% per annum from the next day to the date of full payment. < Amended by Act No. 10800, May 26, 2020>

(Plaintiffs sought payment of the unpaid rent of KRW 7 million and damages for delay until May 25, 2020. (B) Since they sought payment of the unpaid rent of KRW 7 million and damages for delay, only the amount of the rent and the amount of unjust enrichment equivalent to the rent after May 26, 2020 are recognized).

The defendant.