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(영문) 전주지방법원 2015.12.18 2015가단11726

건물인도 등

Text

1. The defendant shall be the plaintiff.

(a) deliver the second floor education and research facility 67.1m2, among buildings listed in the attached Form;

(b) 1,050.

Reasons

1. On March 10, 2013, the Plaintiff entered into a lease agreement with the Defendant on the lease deposit amounting to KRW 2,000,000, monthly rent of KRW 150,000 (paid on March 10, 2013) and the lease period from March 10, 2013 to March 9, 2015 (hereinafter “instant lease agreement”). The Defendant occupied and used the instant building by delivery from the Plaintiff, and the Defendant did not pay KRW 1,050,000 for seven months from September 2014 to March 7, 2015.

According to the above facts, the lease contract of this case was terminated upon the expiration of the period of validity or on June 15, 2015, which was terminated on the date of delivery of a copy of the complaint of this case due to the delinquency in payment of rent of more than two years.

Therefore, the defendant is obligated to deliver the building of this case to the plaintiff and return unjust enrichment of KRW 1,050,000 from April 10, 2015 to April 15, 2015.

On the other hand, the part of the plaintiff's overdue charge of KRW 1,800,000 exceeding the above recognition scope is without merit.

2. The defendant's assertion that the plaintiff's claim cannot be accepted until the return of the above goods is made. However, there is no evidence to acknowledge the fact that the plaintiff brought the above goods. Thus, the defendant's assertion is without merit.

3. Thus, the plaintiff's claim is accepted for some reasons, and the remaining claims are dismissed for reasons.