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(영문) 대전지방법원천안지원 2015.12.24 2015가단12075

건물인도

Text

1. The Defendant, within the scope of the property inherited from the deceased C, to the Plaintiff:

(a) the real estate listed in the Schedule;

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to claims Gap's evidence Nos. 1 through 4, the Plaintiff: (a) on October 14, 2013, determined lease deposit amount to KRW 5,00,000, monthly rent of KRW 350,000; (b) on January 19, 2015, C acquired qualified acceptance of the Defendant's property; and (c) on October 2014, C did not pay rent from around two or more occasions; (b) on the grounds that the Plaintiff received delayed payment of rent of KRW 2,00,00,000; (c) on the grounds that each of the above notices was served on the Defendant; (d) on the grounds that the notice was served on the termination of the instant lease; (d) on October 14, 2014 to December 13, 2015, the total unpaid amount of rent of at least KRW 40,040,405,005,205.

According to the above facts, since the lease contract of this case was terminated by the Plaintiff’s expression of intention of termination, the Defendant is obligated to deliver real estate recorded in the attached list to the Plaintiff within the scope of the property inherited from the deceased C to the Plaintiff, and the Defendant is obligated to return damages or unjust enrichment equivalent to KRW 390,000,000, which is the remainder after deducting the amount of KRW 5,000,000 from the total amount of unpaid fees, etc. 5,397,850, which is the amount of the Plaintiff’s obligation to return deposit to the Defendant, and the amount of KRW 397,850,000, which is the remainder after deducting the amount of the Plaintiff’s obligation to return deposit to the Defendant from the amount of KRW 5,397,850, which is the amount

2. The plaintiff's claim for conclusion is reasonable, and it is so accepted as per Disposition.