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(영문) 인천지방법원 부천지원 2018.11.20 2017가단116090

건물명도(인도)

Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) deliver the real estate listed in the annex;

(b) from June 11, 2017.

Reasons

1. On April 11, 2017, the Plaintiff: (a) leased real estate listed in the separate sheet (hereinafter “instant factory”) to the Defendant on April 11, 201, with a lease deposit of KRW 10 million; (b) KRW 1100,000,000 per month; and (c) a lease term of two years (hereinafter “instant lease”); and (d) the Defendant did not pay the rent under the instant lease agreement from June 2017; and (b) the Plaintiff notified the Defendant of the termination of the instant lease on the grounds of delinquency in rent, either there is no dispute between the parties; or (c) plus the purport of the entire pleadings as stated in the evidence Nos. 1 through 4.

According to the above facts, the lease contract of this case was lawfully terminated in accordance with the plaintiff's notice of termination on the ground of the defendant's delinquency in payment of two or more rents. Thus, the defendant is obligated to deliver the factory of this case to the plaintiff, and return the overdue rent of this case and unjust enrichment equivalent to the overdue rent of 110,000 won per month from June 11, 2017 to the date the delivery is completed, unless there are special circumstances.

(A) The Plaintiff sought a return of the overdue rent and the unjust enrichment equivalent to the rent from June 1, 2017. However, the fact that the 10th day of each month of the rent stipulated in the instant lease agreement is as seen earlier, and since the Plaintiff was the Plaintiff who paid the rent up to May 2017, it is reasonable to deem that the initial date of the overdue rent that the Defendant is obliged to pay was June 11, 2017. As such, the Plaintiff’s assertion seeking a payment of the overdue rent from June 1, 2017 to June 10, 2017 is without merit). 2.

A. The defendant's assertion demanded the defendant to remove a tent installed in the factory of this case in order to establish the plaintiff's factory in the adjacent site of the factory of this case, and the soil floor of the above scheduled site was revealed as it is at the wind to remove concrete of the floor of the site of the plaintiff's factory.