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Reasons
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(영문) 서울북부지방법원 2016.11.17 2016가단106817
건물인도청구의 소
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1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The Defendant’s KRW 24,00,000 and January 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 17, 2013, the Plaintiff entered into a lease agreement with the Defendant on the lease deposit amounting to KRW 50 million, KRW 50 million per month, and KRW 500,000 per month, from August 7, 2013 to August 6, 2015, with the term of lease stipulated.

B. On April 7, 2014, the Plaintiff concluded a lease agreement with the Defendant on the condition that the lease deposit is KRW 50 million, monthly rent is KRW 3 million (excluding value-added tax), the lease period is 24 months from April 7, 2014, and five years (from April 2014 to April 2019).

C. On August 7, 2015, the Plaintiff entered into a lease agreement with the Defendant and the instant building with the terms of KRW 20 million per month, KRW 3 million per month, the lease term from April 7, 2014, and five years (from April 2014 to April 2019) (hereinafter “instant lease agreement”).

However, the Defendant did not pay a rent once after the conclusion of the instant lease contract, and on February 15, 2016, the Plaintiff expressed through the instant complaint that the instant lease contract was terminated on the grounds of three or more occasions of delinquency in rent, and the said warden reached the Defendant around that time.

E. Meanwhile, as of April 7, 2016, the rent in arrears of the Defendant after the conclusion of the instant lease agreement is KRW 24 million (3 million x 8 months).

[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 lawfully terminated, the Defendant is obligated to deliver the instant building to the Plaintiff, and pay the Plaintiff the rent or unjust enrichment equivalent to the rent, calculated at the rate of KRW 24,00,000 per month from April 7, 2016 to April 8, 2016, and from April 2016 to the completion date of delivery of the instant building.

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