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(영문) 인천지방법원 2018.08.29 2018가단218235
건물명도(인도)
Text

1. The Defendant shall order the Plaintiff to list the entire 102.22 square meters of real estate indicated in the attached list, and KRW 11,440,000 and KRW 11,440,00.

Reasons

Plaintiff

In full view of the purport of the entire pleadings in the evidence Nos. 1 and 2 as to the claim, the facts as shown in the grounds for the claim can be acknowledged.

According to the above facts of recognition, it can be seen that the plaintiff's written complaint is terminated for reasons of delinquency in rent, so the lease has been lawfully terminated.

Unless there are special circumstances, the Plaintiff may file a claim against the Defendant for the return of unjust enrichment equivalent to the delivery, the overdue charge, and the rent.

The defendant's defense asserts that the plaintiff did not perform his/her duty because he/she was in a store with no water, electricity, and sewerage, and that he/she should claim reimbursement of beneficial costs equivalent to the amount of facility investment, claim for premium, and claim for consolation money.

However, there is no evidence of the defendant to acknowledge the above facts alleged by the defendant.

In the event of a long-term default on rent, the lessee shall also take into account the legal principles that can not claim for damages equivalent to the premium.

All the above arguments by the defendant are rejected.

In conclusion, the defendant is obligated to deliver to the plaintiff the building stated in the order and pay the amount at the rate of KRW 11,440,000 per month from April 24, 2018 to April 25, 2018 and KRW 1,430,00 per month from April 25, 2018 (including value-added tax).

The damages for delay against overdue rent shall not be claimed by the plaintiff, and shall be governed by it.

The plaintiff's claim is accepted and the decision is rendered in favor of the plaintiff.

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