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(영문) 인천지방법원 2018.05.04 2017가단4996

건물명도

Text

1. The defendant shall be the plaintiff.

(a) deliver a part of the first underground floor of the real estate listed in the attached list;

B. April 3, 2018

Reasons

1. Basic facts

A. On December 30, 2014, the Plaintiff leased the entire real estate of the first underground floor (hereinafter in this case’s real estate) among the real estate listed in the attached list to the Defendant by setting the lease deposit amount of KRW 6 million, monthly rent of KRW 1 million (excluding value-added tax of KRW 100,000), and the lease term from January 3, 2015 to January 2, 2016.

B. From August 2, 2015 to April 2, 2018, the Defendant paid only KRW 16,66,00 out of the aggregate of monthly rent and management expenses, value-added tax, and KRW 43,650,00.

[Ground of recognition] Unsatisfy, entry of Gap evidence 2, purport of whole pleadings

2. Determination

A. The Plaintiff cancelled the lease agreement concluded on the instant real estate on the ground that the Defendant failed to pay monthly rent more than twice, and the duplicate of the complaint indicating his intention to cancel was served on the Defendant. Thus, the lease agreement on the instant real estate was terminated due to the Plaintiff’s cancellation.

B. Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and to return unjust enrichment equivalent to the rent in proportion to KRW 26,984,00 (including value-added tax) plus the unpaid rent, etc. from April 3, 2018 to April 3, 2018, as sought by the Plaintiff, at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from April 3, 2018 to the date of full payment. < Amended by Act No. 15635, Apr. 3, 2018; Act No. 15075, Apr. 3, 2018; Act No. 15075, Apr. 3, 2018; Act No. 15095, Apr. 3, 2018>

3. The conclusion is that the plaintiff's claim is reasonable, and it is so decided as per Disposition.