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(영문) 인천지방법원 2019.11.28 2019가단228512
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) Appendix 1, 2, 3, 4 and 1, among the first floor of the real estate listed in the separate sheet.

Reasons

1. Basic facts

A. On March 21, 2017, the Plaintiff and the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with respect to the portion (a) on the ship (hereinafter “instant store”) of KRW 30 million, KRW 350,000 (value-added tax, the last day of each month), management fee of KRW 200,000,000,000 on the first floor of the real estate listed in the attached list, which is linked in sequence 1, 2, 3, 4, and 173.84 square meters (hereinafter “instant store”).

B. From September 2018 to April 2019, the Defendant paid only KRW 14,050,000 among the rent and management expenses from September 2018 to April 2019 to the Plaintiff, and accordingly, the instant complaint was served on the Defendant on May 20, 2019 to the effect that the Plaintiff would terminate the instant lease agreement.

[Ground for Recognition - Facts without dispute, entry of Gap evidence 1, 4, and 5, obvious facts in this court, the fact that the plaintiff was the applicant, the purport of the whole pleadings]

2. Determination as to the cause of action

A. According to the facts found in the judgment on the claim for delivery and return of unjust enrichment, the instant lease contract was terminated on May 20, 2019 by the delivery of the complaint of this case. Thus, the Defendant is obligated to deliver the instant store to the Plaintiff, and to return the unjust enrichment of KRW 4050,000 from May 31, 2019 to the date of the completion of delivery of the instant store, as the Plaintiff seeks, (i.e., KRW 3., KRW 2,000,000,000,000) from May 31,

B. As to the determination of the claim for unpaid rent and management expenses, the Plaintiff asserts that the rent and management expenses incurred from September 2018 to April 2019 were KRW 33,076,996, and the Plaintiff received KRW 14,050,000 from the Defendant, and thus, the Defendant is liable to pay the Plaintiff KRW 19,026,996.

On the basis of the evidence evidence Nos. 2 and 3, the rent and management expenses exceeding KRW 4,50,000 per month, which are the rent and management expenses stipulated in the instant lease agreement, from September 2018 to April 2019.

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