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(영문) 수원지방법원 2020.09.23 2020가합16740

건물인도

Text

1. The defendant shall be the plaintiff.

A. From 45,00,000 won to 45,000 won, each real estate listed in the separate sheet from July 13, 2020.

Reasons

Basic Facts

The plaintiff is a company with the purpose of plant, automation machinery, and steel structure production and installation business, and is the owner of each real estate listed in the separate sheet (hereinafter referred to as "the real estate in this case"), and the defendant is an artificial aggregate company, etc.

On February 13, 2018, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant and the instant real estate with the term of lease from March 13, 2018 to March 12, 2020, as deposit money of KRW 100,000,000, monthly rent of KRW 10,000 (excluding value-added tax and payment of KRW 13,00,000, monthly rent of KRW 10,000.

From February 13, 2020 to March 12, 2020, the Defendant did not pay the rent of KRW 11,000,000 (including value-added tax) for the lease period from February 13, 2020 to March 12, 200, and has occupied the instant real estate until now.

[Ground of recognition] Fact that there is no dispute, Gap evidence Nos. 1 through 6 (including branch numbers, if any), the purport of the whole pleadings, and the lease agreement of this case asserted by the plaintiff as to the plaintiff is terminated at the expiration of the period. Thus, the defendant is obligated to deliver the real estate of this case to the plaintiff and to pay unjust enrichment equivalent to the unpaid rent and rent.

Inasmuch as the instant lease agreement was terminated on March 12, 2020 on the grounds of claim for the determination on the grounds of claim for delivery of a building, the Defendant is obligated to deliver the instant real estate to the Plaintiff, barring any special circumstance.

As to the simultaneous performance of the defendant's simultaneous performance defense, the defendant cannot respond to the plaintiff's request for extradition until he receives a refund of KRW 100,000,000,000 from July 13, 2020 to the time when he delivers the real estate of this case, the plaintiff is obligated to return to the defendant the remaining money calculated by deducting the amount calculated at the rate of KRW 11,00,000,000, which is the balance of the lease deposit of this case from July 13, 2020, which is the real estate of this case.