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(영문) 전주지방법원 2016.10.18 2016가단9454
건물인도
Text

1. The defendant

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

B. From November 14, 2015, the above-mentioned A

subsection (b).

Reasons

1. According to the overall purport of evidence Nos. 1 and 3 as to the cause of the claim, the Plaintiff entered into a lease contract with the Defendant on February 8, 2014 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) with the lease deposit amount of KRW 7,00,000, monthly rent of KRW 470,000, and the lease term of KRW 3 years from February 14, 2014 to February 14, 2017 (hereinafter “instant lease contract”), and delivered the said real estate to the Defendant on October 14, 2015. The Plaintiff confirmed that the rent of KRW 639,00,000 was set off with the purchase price of KRW 639,00,000,000 from November 14, 2015 to KRW 40,000,000,000,000,000,000,000.

According to the above facts, the instant lease contract was lawfully terminated on the ground of the Defendant’s delinquency in payment of rent, and thus, the Defendant is obligated to deliver the instant real estate to the Plaintiff, barring any special circumstance, and to pay the amount calculated by the ratio of KRW 470,00 per month from November 14, 2015 to the completion date of delivery of the said real estate to the amount of unjust enrichment equivalent to the rent or rent of KRW 470,00 per month.

2. The defendant's argument on the defendant's assertion is alleged to the effect that the rent in arrears remains and thus, the delivery is delayed only during the period deducted from the lease deposit, but the lease deposit is secured by the obligation arising from the lease relationship, such as the overdue rent.

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