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(영문) 인천지방법원 2015.08.19 2014가단71964
건물인도등
Text

1. The defendant shall be the plaintiff.

(a) deliver attached real property;

B. As from October 28, 2014, the above real estate.

Reasons

1. On January 23, 2013, the Plaintiff leased real estate indicated in the Attachment to the Defendant as a deposit of KRW 20 million, monthly rent of KRW 1 million, and the period from February 28, 2013 to two years from February 28, 2013. On the ground of the Defendant’s continuous delinquency in rent, the Plaintiff notified the termination of the lease on or around June 21, 2013. On the other hand, the Defendant continued to occupy the said real estate, as of October 27, 2014, that the said deposit was extinguished by overdue rent or deduction from unjust enrichment until the said deposit was paid (20 months) does not conflict between the parties, or that it can be recognized by adding the entire purport of arguments as stated in the Evidence A1 through 3 to the whole.

On the other hand, as the above lease was lawfully terminated, the defendant is obligated to deliver the above real estate to the plaintiff and pay the amount of unjust enrichment equivalent to the rent from October 28, 2014, which is the following day of the above base date, to the day the delivery of the above real estate is completed.

2. If so, the plaintiff's claim is reasonable, and it is decided as per Disposition with the assent of all participating Justices.

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