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(영문) 인천지방법원 2016.02.12 2015가단64772

건물인도 등 월차임

Text

1. The defendant shall be the plaintiff.

A. To deliver a building indicated in the annex “real estate indication”;

(b) KRW 3,070,000 and April 2015.

Reasons

1. Determination on the cause of the claim

A. On November 4, 2008, the Plaintiff: (a) notified the Defendant of the termination of the instant lease agreement by content-certified mail around May 20, 201; (b) from November 12, 2008 to November 12, 2010; (c) the lease amount of KRW 15 million per month; and (d) the lease amount of KRW 350,000 per month (hereinafter “the instant lease”); (c) the Plaintiff, at the time of the instant lease agreement, agreed that the contract may be immediately terminated; (d) the instant lease agreement was implicitly renewed; (e) the Defendant was in arrears for more than two occasions; (e) the Defendant was informed of the termination of the instant lease agreement by content-certified mail around November 12, 2008; and (e) the amount equivalent to the Defendant’s total amount of KRW 14 to KRW 150,1500,000,000 for KRW 34,015,000,000.

B. According to these facts, the instant lease contract was lawfully terminated by the notification of termination, barring any special circumstance, and thus, the Defendant is obligated to deliver the instant building to the Plaintiff. Furthermore, the Defendant is obligated to pay 3070,000 won (=29,500,000 won-1,4940,000 won) and 350,000 won per month, which is the amount equivalent to the rent due to the return of unjust enrichment from October 12, 2015 to the date of the completion of delivery.

2. Judgment on the defendant's assertion

A. The defect pressure of the instant building is weak, the occurrence of the phenomenon by outer walls, and smelling due to incomplete combustion of boilers.