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(영문) 수원지방법원 2017.11.15 2017가단19933

건물인도

Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. From September 16, 2016, the above-mentioned A

subsection (b).

Reasons

1. Facts of recognition;

A. On May 10, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting a monthly payment of KRW 5 million and KRW 500,000 as the monthly rent, and the contract period from May 16, 2016 to May 15, 2017, with respect to the real estate listed in the attached list owned by the Plaintiff (hereinafter “instant real estate”).

B. The Defendant paid the above rental deposit of KRW 5 million and KRW 2 million for the monthly rent of KRW 4 months, and occupied and used the instant real estate upon delivery.

C. After all, the Plaintiff, on December 15, 2016, notified the Defendant of the termination of the instant lease on the grounds of delinquency in rent, and the said notification reached the Defendant around that time.

[Ground of recognition] Facts without dispute, Gap 1-3 each entry, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, the instant lease contract was lawfully terminated by the Plaintiff’s notification of the termination of the lease contract as of December 15, 2016, on the ground of the Defendant’s delinquency in payment of at least two rents. Thus, barring any special circumstance, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and to pay the Plaintiff the amount of unjust enrichment equivalent to the rent or rent calculated at the rate of KRW 50,000 per month from September 16, 2016 to the time of delivery of the instant real estate from September 16, 2016 to the time of delivery.

B. The defendant's assertion 1) asserted that the defendant, as a person subject to emergency life funds, was unable to deliver the building of this case because he received an allocation of housing for purchase and lease of LH Corporation, but failed to prepare any balance. However, the above circumstances of the defendant do not constitute justifiable grounds for refusing the plaintiff's claim of this case. 2) The defendant filed a petition for bankruptcy, and the plaintiff's overdue rent claim against the bankruptcy creditor list