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(영문) 창원지방법원 2020.01.31 2019가단119919

건물인도 등

Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

B. From October 21, 2019, the above-mentioned A

subsection (b).

Reasons

On July 9, 2018, the Plaintiff: (a) leased a building listed in the attached list (hereinafter “instant building”) to the Defendant on the following grounds: (b) KRW 10,000,000; (c) monthly rent of KRW 620,00; and (d) lease period from July 21, 2018 to July 20, 2020; (b) the Plaintiff and the Defendant agreed that the lease can be terminated immediately if the delayed amount falls into two years at the time of the said lease agreement; (c) however, the Plaintiff was unpaid from June 21, 2019; and (d) the Defendant notified the Defendant of the termination of the lease agreement to the Defendant on August 14, 2019; (d) the Defendant paid the Plaintiff the monthly rent of KRW 620,00,00; (e) the parties to the lease did not dispute again between October 201 and October 2019.

Therefore, the lease contract for the instant building was lawfully terminated on August 2019.

Therefore, the defendant is obligated to deliver the building of this case to the plaintiff and return unjust enrichment equivalent to the rent calculated by the ratio of KRW 620,000 per month from October 21, 2019 to the completion date of delivery of the building of this case.

If so, the plaintiff's claim is justified and acceptable.