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(영문) 서울중앙지방법원 2015.08.20 2015가단37045

건물인도 등

Text

1. The Defendant delivers the building indicated in the attached Form to the Plaintiff, and KRW 600,000 per month from November 27, 2014 to the time of delivery.

Reasons

1. According to the purport of the entire arguments and evidence Nos. 1 and 2, it can be acknowledged that on February 25, 2006, the Plaintiff agreed to grant the Defendant a deposit of KRW 4 million, KRW 500,000,000, KRW 5000,000, and KRW 600,000,000 from February 27, 2006 to February 27, 2007, and that the above contract shall be implicitly renewed, and that the Plaintiff agreed to increase the building from June 2014 to KRW 60,00.

2. The Plaintiff asserts that the Defendant terminated the instant lease agreement by delaying the payment of monthly rent at least twice from November 27, 2014.

On the other hand, the lease contract between the plaintiff and the defendant was terminated at least twice by the defendant's acceptance of the copy of the complaint in this case stating the plaintiff's intention of termination, and thus, the lease contract between the plaintiff and the defendant was terminated at the end of two times or more by the defendant. Thus, the defendant is obligated to deliver the building in the attached Form to the plaintiff and pay the amount equivalent to monthly rent or unjust enrichment at the rate of KRW 600,000 per month from November 27, 2014 to the delivery

In regard to this, the defendant's finding that monthly rent payments were delayed for a period of one week is unfair, so it is unfair that the plaintiff will pay at any time only when he issues a tax invoice with the company. However, apart from the authenticity of the alleged facts, it cannot be said that the plaintiff's issuance of the company's apology or tax invoice and the payment of monthly rent are in the simultaneous implementation relationship, and therefore, it is not decided separately as to the defendant's assertion.

3. The plaintiff's claim shall be accepted on the ground of the reasons.