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(영문) 의정부지방법원고양지원 2019.10.25 2019가단9142
건물인도 등
Text

1. The defendant

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

B. From March 25, 2019, KRW 130,00 and the above.

Reasons

1. Facts of recognition;

A. On January 4, 2019, the Plaintiff leased each real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant with a deposit of KRW 30,00,000,000 for monthly rent of KRW 1,650,000 (Provided, That for one year from February 25, 2019, KRW 1,430,00 for one year from February 25, 2019) and for one year from February 25, 2019 to February 24, 2021.

(hereinafter “instant lease agreement”). B.

On March 25, 2019, the defendant paid 130,000 won out of the rent to be paid by March 25, 2019.

C. On June 4, 2019 and June 7, 2019, the Plaintiff sent to the Defendant a document to urge the payment of rent under the instant lease agreement and inform the Defendant that the contract will be terminated when the contract is not performed. D.

On June 28, 2019, the Plaintiff sent the instant lease contract to the Defendant by content-certified mail on the ground that the instant lease contract was terminated on the ground that the said contract had been terminated for a period of three times.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, since the instant lease contract was terminated as the Defendant’s nonperformance of obligation, the Defendant is obligated to deliver the instant real estate to the Plaintiff.

In addition, the Defendant is obligated to pay the monthly rent under the instant lease agreement prior to termination, and the Defendant gains a profit equivalent to the monthly rent by making use of and benefit from the instant real estate without any legal cause after termination. Therefore, the amount of the monthly rent is obligated to be returned to the Plaintiff as unjust enrichment.

Ultimately, the Defendant is obligated to deliver the instant real estate to the Plaintiff and pay the amount calculated by the rate of KRW 1,430,00 per month to the return of the monthly rent or unjust enrichment equivalent to the monthly rent prescribed in the instant lease agreement from March 25, 2019 to March 25, 2019.

3. The conclusion is that the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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