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(영문) 인천지방법원 2020.10.14 2020가단213707
건물인도
Text

1. The defendant shall be the plaintiff.

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

(b) from 975,650 won and July 12, 2020.

Reasons

1. Basic facts

A. On December 11, 2017, the Defendant leased the instant building from the Plaintiff, the owner of the real estate listed in the attached Table (hereinafter “instant building”) and occupied the instant building upon delivery.

As of January 4, 2019, the Defendant concluded a lease agreement between the Plaintiff and the Plaintiff to continue to lease the instant building, setting the lease period from December 11, 2018 to December 10, 2019, the lease deposit amount of KRW 20,00,000, and the monthly rent of KRW 1,575,000 (payment at the later payment on January 11, 201), respectively.

(hereinafter “instant lease agreement”). B.

On November 12, 2019, the Plaintiff received only the monthly rent (total amounting to KRW 14,772,500) which exceeds nine months (on September 11, 2019) from the Defendant, and issued to the Defendant a certificate on February 7, 2020, the accumulated monthly rent for not less than three months for which the Plaintiff failed to receive the monthly rent, and on February 7, 2020, on the ground that “the termination of the instant lease agreement shall be terminated on the grounds that the monthly rent was overdue from September 2019.”

C. From December 11, 2018 to July 11, 2020, the Defendant paid only KRW 16,572,500 out of the monthly rent or unlawful gains equivalent to the monthly rent of KRW 29,925,00 (the Defendant paid KRW 930,000 on April 10, 2020, and KRW 870,000 on April 11, 2020) to the Plaintiff, and did not pay the unlawful gains equivalent to KRW 13,352,50 on monthly rent or monthly rent of KRW 13,352,50 on July 31, 202.

[Reasons for Recognition] Each entry of Gap's evidence Nos. 1 through 6, the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts of the judgment on the cause of the claim, since the lease contract of this case was terminated as the monthly rent for not less than three months by the defendant, the defendant is obligated to deliver the building of this case to the plaintiff and pay the plaintiff the amount of unjust enrichment equivalent to the unpaid monthly rent or monthly rent.

B. The defendant's simultaneous performance defense and the plaintiff's assertion of deduction.

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