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(영문) 인천지방법원 부천지원 2018.04.20 2017가단17339
건물명도 등
Text

1. From 15,00,000 to 15,000 won from the Plaintiffs, the Defendant shall draw up a separate sheet among the first floor of the buildings listed in the separate sheet from December 1, 2017.

Reasons

1. Facts of recognition;

A. On November 7, 2012, the Plaintiffs concluded a lease agreement (hereinafter “the instant lease agreement”) with the Defendant on the terms of the lease deposit KRW 15,00,000, monthly rent of KRW 600,000, and the term of lease from December 1, 2012 to November 30, 2013 with respect to the building stipulated in paragraph (1) of the order (hereinafter “instant building”).

B. The Defendant paid KRW 15,000,000 to the Plaintiffs, and received delivery of the leased object of this case from the Plaintiffs.

C. On November 29, 2017, the Plaintiffs expressed their intent to terminate the lease of this case on the ground that the amount of overdue rent reaches five months.

After receiving the above notification of the intent of termination from the Plaintiffs, the Defendant paid KRW 3,000,000 to the Plaintiffs.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including a provisional number), the purport of the whole pleadings

2. The assertion and judgment

A. 1) Since the lease of this case was terminated on the ground of the Defendant’s delay of rent, the Defendant asserts that the Defendant is obligated to return from the Plaintiffs the amount calculated by deducting unjust enrichment equivalent to the rent from the deposit of this case until the completion of delivery of the building of this case, and at the same time deliver the building of this case to the Plaintiffs. 2) As to this, the Defendant did not notify the Plaintiffs of the refusal of renewal at least one month before the expiration of the lease term of this case, and thus, the lease of this case was renewed until November 30, 2018. The Defendant paid the Plaintiffs a five-month difference, and the Plaintiffs interfered with the Defendant’s collection of the premium of this case, and thus, the Defendant is obligated to compensate the Defendant for the damages.

B. According to the facts of the judgment 1, the lease of this case was terminated by the plaintiffs' declaration of termination on November 29, 2017 on the grounds of the rent delay, and the plaintiffs' declaration of termination was delivered to the defendant.

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