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(영문) 인천지방법원 2017.10.19 2017가단22406
건물인도
Text

1. From 10,00,000 won to 10,000 won, the Defendant shall each month from April 1, 2017 to the completion date of delivery of the buildings listed in the separate sheet.

Reasons

1. The Plaintiff, a lessor of the parties’ assertion, sought payment of the amount equivalent to the rent by the date the delivery and delivery of the instant building is completed on the grounds of the termination of the instant lease agreement.

The defendant, who is a lessee, is not able to respond to the plaintiff's claim until the deposit is refunded.

2. On April 4, 2015, the Plaintiff and the Defendant concluded a lease agreement between the Plaintiff and the Defendant by setting the lease deposit of KRW 10,00,00, monthly rent of KRW 230,000 (payment after April 30, 201) and the lease term of KRW 30,00 for the instant building until April 30, 2017. The instant lease agreement was terminated due to the late payment or the expiration of the lease term, and the Defendant’s delinquency in paying the monthly rent from April 1, 2017 (the fact that there is no dispute, evidence No. A, the purport of the entire pleadings, and the purport of the entire pleadings). Accordingly, the Defendant is obliged to receive from the Plaintiff the remainder after deducting the amount calculated by the rate of KRW 230,00 from April 1, 200 to the completion of delivery of the instant building from April 1, 2017 to the completion of delivery of the instant building and deliver the instant building to the Plaintiff at the same time.

3. As such, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

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