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(영문) 춘천지방법원 원주지원 2021.01.12 2020가단55611
건물인도
Text

1. The defendant

(a) deliver the real estate listed in the separate sheet;

(b) from July 9, 2020 to the annexed list.

Reasons

According to the evidence evidence evidence Nos. 1 through 3, the Plaintiff entered into a contract with the Defendant on January 29, 2019 on the lease deposit of KRW 10,00,000, monthly rent of KRW 300,000, and the lease period of KRW 300,000 from May 25, 2019 to May 24, 2020 (hereinafter “the lease contract of this case”). ② The Defendant paid the lease deposit to the Plaintiff under the lease contract of this case to the day after delivery of the apartment of this case by the Plaintiff, ③ the Plaintiff was notified the Defendant that the lease contract of KRW 10,00,00, monthly rent of KRW 300,00, May 25, 201, ④ the Defendant was not the expiration of the lease period of this case, and ④ the Plaintiff was not the expiration of the lease period of this case from the end of February 20, 200 to the expiration of the lease period of this case’s lease period.

According to the above facts, the lease contract of this case terminated upon the expiration of the lease term.

Therefore, the defendant is obligated to deliver the apartment of this case to the plaintiff, and to return unfair profit equivalent to the rent of 300,000 won per month from July 9, 2020 to the completion date of delivery of the apartment.

In light of the following circumstances acknowledged by the aforementioned evidence, the Defendant asserted that the Defendant should be compensated for the damages suffered by the Defendant due to the defect in the floor of the instant apartment. However, in light of the fact that the instant apartment appears to be the first lessee due to the new construction of an unregistered apartment, and that the Defendant stated the lessee’s duty to cooperate in the repair of defects in the Special Agreement on the Lease of this case [including the top of the floor (including the top of the floor 3 floor of the instant apartment), a certain degree of defect is predicted, and the evidence submitted by the Defendant alone is sufficient.

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