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(영문) 인천지방법원부천지원 2020.06.17 2019가단109386
건물인도
Text

1. Defendant B’s real estate indicated in the attachment from May 5, 2020 to KRW 6,182,981 from the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. The Plaintiff, as the owner of the real estate indicated in the attached Form Nos. 1, 2, 5, 6, and 7 (including paper numbers), added the purport of the entire pleadings, the Plaintiff, as the owner of the real estate indicated in the attached Form No. 1, 2, 5, 6, and 7 (hereinafter “instant building”), purchased the instant building to Defendant B in early October 2018, with a deposit amount of KRW 20,000, monthly rent of KRW 1,760,00 (including value-added tax) and the lease period of KRW 5,00 from October 5, 2018 to October 4, 2019; Defendant B sub-leaseed the instant building to Defendant D without the Plaintiff’s consent; Defendant D’s operation of marina business in the instant building; Defendant B and the instant building on the ground that the Plaintiff’s second lease agreement was served with the copy of the complaint of this case; Defendant B’s second lease agreement of KRW 30,201.

According to the above facts of recognition, the lease contract with Defendant B was terminated on January 2, 2020, and the claim for the refund of the deposit of Defendant B, which is simultaneously implemented, was deducted from the amount calculated by deducting the unjust enrichment calculated at the rate of KRW 1,760,00 per month from May 5, 2020 to the completion date of delivery of the building of this case from KRW 12,320,00 (=12,320,000) - KRW 1,362,889 – KRW 134,130).

Therefore, Defendant B is obligated to deliver the instant building to the Plaintiff at the same time with the payment of the deposit that was deducted from the Plaintiff, except in extenuating circumstances.

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