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(영문) 인천지방법원부천지원 2016.08.25 2016가단5971
건물명도
Text

1. From 11,258,360 to 200 won, the Defendant shall start from April 21, 2015 to the completion date of delivery of the buildings listed in the separate sheet.

Reasons

1. Facts of recognition;

A. On November 7, 2014, the Plaintiff entered into a lease agreement with the Defendant to lease the buildings listed in the separate sheet (hereinafter “instant building”) as follows:

(hereinafter “Lease of this case”). - Term of lease: From November 20, 2014 to November 19, 2016 - Lease deposit: 20,000,000 won - Rent: 950,000 won per month and 20 days per month.

B. The Defendant, who terminated a lease agreement, paid the rent to November 2015, was in arrears from December 2015, and the management fee was in arrears from February 2015 to April 20, 2015 (=950,000 won x 5 months) and the management fee was in arrears of KRW 3,91,640.

On March 23, 2016, the Plaintiff filed the instant lawsuit with the purport to terminate the instant lease agreement and seek the delivery of the instant building on the grounds of delinquency in rent, and the duplicate of the complaint was served on the Defendant on May 9, 2016.

C. The defendant occupying the building of this case is occupying and using the building of this case until the closing date of pleadings.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the instant lease agreement was lawfully terminated and terminated by the Plaintiff’s notification of termination on the ground of not less than two years of delay in rent. The Defendant’s obligation to deliver the instant building to the Plaintiff and the Plaintiff’s obligation to pay the Defendant the remainder after deducting the amount of delayed rent and unjust enrichment equivalent to rent from the lease deposit.

Therefore, the defendant deducted from the plaintiff 11,258,360 won [the remainder after deducting the rent and management fee in arrears of the defendant calculated from the amount of KRW 20,000,000 to April 20, 2015 (=4,750,000 won) from the lease deposit amount of KRW 8,741,640] to the delivery of the building of this case from April 21, 2015 to the date the delivery of the building of this case is completed.

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