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(영문) 대전지방법원천안지원 2020.12.11 2020가합103064
건물인도
Text

The defendant shall deliver to the plaintiff each real estate listed in the separate sheet.

The defendant shall pay to the plaintiff KRW 206,100,000.

Reasons

1. Basic facts

A. On August 18, 2016, the Plaintiff leased each real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant with a deposit of KRW 350,00,000,000, the monthly rent of KRW 10,000,000 from October 15, 2016, and the monthly rent of KRW 18,00,000 from March 15, 2017 (in addition, the additional tax, the 15th payment on August 18, 201), and the period from August 18, 201 to August 20, 2021.

(hereinafter referred to as “C” upon delivery of the instant real estate on August 18, 2016, is operating a wedding business in a mutual name and being occupied and used.

On the other hand, the defendant paid 210,000,000 won out of the deposit to the plaintiff.

B. From October 15, 2016, the Defendant delayed payment of the rent, and on the grounds of rent delay for more than three months, the Defendant’s content certification that included the Plaintiff’s intent to terminate the instant lease agreement was delivered to the Defendant on May 25, 2020.

C. Meanwhile, from the rent in arrears and unlawful gains on the rent in arrears until July 14, 2020 to the deduction of deposit of KRW 210,00,000 from deposit money: KRW 206,10,000 (including value-added tax) = 186,30,000 for the remainder after deducting the deposit from the rent in arrears until June 14, 2020 to the remainder of KRW 437,000 for the rent in arrears (i.e., total of KRW 437,00,000 for the rent in arrears - deposit of KRW 40,700,000 for the rent in arrears - deposit of KRW 210,000 for the deposit money from June 15, 2020 to July 14, 2020 for the rent in arrears.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 11 (including branch numbers in case of additional number), the purport of whole pleadings

2. Determination as to the cause of action

A. According to the fact that the Defendant’s delivery obligation and overdue rent are recognized, the instant lease agreement was lawfully terminated on May 25, 2020, and thus, the Defendant is obligated to deliver the instant real estate to the Plaintiff.

In addition, the defendant's remaining overdue rent and unjust enrichment of 206,100,000 won per rent and the following day after the delivery of a copy of the complaint of this case to the defendant as requested by the plaintiff.

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