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(영문) 춘천지방법원 2019.12.10 2019가단1582
건물인도 및 임료
Text

1. The Defendants are located at KRW 16.2 million from the Plaintiff to KRW 439.2 square meters among buildings listed in the separate sheet from November 19, 2019.

Reasons

1. The Plaintiff entered into a lease agreement with Defendant B, on January 14, 2016, on a deposit basis of KRW 50 million, monthly rent of KRW 2 million (in addition to value-added tax, payment on the 19th day of each month in advance), and from January 19, 2016 to January 19, 2018 (hereinafter “instant lease agreement”), and received KRW 50 million from the deposit money.

The defendant C occupies the building of this case with the father of the defendant C.

From May 2017, Defendant B did not pay the rent, and on December 20, 2017, the Plaintiff notified Defendant B of the termination of the instant lease agreement on the ground of the rent delay.

On January 18, 2018, Defendant C paid to the Plaintiff KRW 5 million during the overdue rent up to January 31, 2018, and paid the remainder of the overdue rent in February 2018, and promised to construct the instant building if the promise is not fulfilled.

Even after the Defendants were in arrears. On February 19, 2019, the Plaintiff notified Defendant C of the termination of the instant lease agreement if the Plaintiff did not pay the unpaid rent of KRW 16.2 million by February 28, 2019.

The rent paid by the Defendants to the Plaintiff is the sum of KRW 67.4 million.

[Reasons for Recognition] Unsatisfy, Gap 3 and 4 evidence, the purport of the whole pleadings

2. Since the instant lease agreement was lawfully terminated by the Plaintiff’s notice of termination on the ground of Defendant B’s delayed delay, the Defendants are obligated to deliver the instant building to the Plaintiff, and Defendant B is obligated to pay the unpaid rent and unjust enrichment equivalent to the rent by the date of delivery of the instant building.

The fact that Defendant B paid an aggregate of KRW 11.2 million out of the rent accrued during the 46-month period from January 19, 2016 to November 18, 2019 (i.e., KRW 2.2 million x 46) that Defendant B paid KRW 67.4 million among the rent that occurred during the 46-month period (i.e., KRW 200,000 x 46) is not a dispute between the parties. Therefore, the remainder of the rent that Defendant B

(b).

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