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(영문) 인천지방법원 2020.06.17 2019나57926

부당이득금

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff was the owner of Yeonsu-gu Incheon apartment E (hereinafter “instant apartment”), and the Defendant was the lessee of the instant apartment.

On March 19, 2010, the Plaintiff and the Defendant concluded a lease agreement with the content that the instant apartment owned by the Plaintiff was leased KRW 120,000,000, monthly rent of KRW 300,000, and period of lease from April 23, 2010 to April 23, 2012.

(hereinafter “instant lease agreement”). B.

Even after the expiration of the above lease period, the Defendant resided in the apartment of this case, and sent the certificate of content to the Plaintiff on April 5, 2013, and expressed his/her intention to terminate the lease of this case. The main contents of the content certification are as follows.

Peremptory Notice (No. 7)

3. Accordingly, the principal (the Defendant) maintains possession of the leased object as of the present expiration of the term of the contract under the above display lease agreement. There is a fact that he notified you (the Plaintiff) about February 4, 2013 that he would be asked to inform you of the leased object on April 23, 2013 due to the termination of the lease agreement.

At the time of and thereafter after the contract, I have a fact that I would like to talk about the need for the repayment of the lease deposit due to the expiration of the contract term due to the reason that you should move into the Seo-gu Incheon, Incheon, an apartment unit that he purchased at the time of the contract in April 2013.

4. He/she, through this letter of peremptory notice, has the right to actively cooperate so that the return of the deposit can be made at the same time with his/her own building name until April 23, 2013, even if the thickness is difficult, in consideration of his/her inevitable circumstances. If the return of the deposit is not performed, he/she is likely to incur a crow damage, and thus re-verification is confirmed.

C. The Defendant against the Plaintiff on May 14, 2013 as Incheon District Court 2013Gahap9556.