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(영문) 인천지방법원 2017.06.30 2017가단209975
건물인도 및 월 임료
Text

1. The defendant shall be the plaintiff.

A. The roof of the slate of cement block structure on the Seo-gu Incheon Metropolitan City shall be 194.75 square meters.

Reasons

1. On November 30, 2015, the Plaintiff indicated in the order (hereinafter “instant leased object”) on the leased deposit amounting to KRW 20 million, monthly rent amounting to KRW 3300,000 (including value-added tax), and on November 30 through November 30, 2015, and received KRW 20 million from the Defendant.

Around November 30, 2015, the Defendant continued possession and use of the leased object of this case upon delivery, but paid only KRW 6.6 million out of the rent to the Plaintiff. On February 8, 2016, the Defendant did not pay KRW 5,083,098 out of the electricity charges.

Around August 22, 2016, the Defendant: (a) completed and delivered a written statement to the Plaintiff stating that the overdue vehicle up to that time is the overdue vehicle up to that time; (b) on August 31, 2016, the Defendant did not comply with the said written statement; and (c) did not comply with the said written statement.

On October 5, 2016, the plaintiff notified the defendant of his intention to terminate the above lease contract on the ground of continuous delinquency in rent.

On February 28, 2017, the notice of termination of the above lease agreement by the Plaintiff: the obligation to deliver the leased object of this case, the unpaid rent, the electricity charge, and the occurrence of an obligation to pay unjust enrichment equivalent to the rent (on May 30, 2017, the delivery date of a copy of the complaint): 27,983,098 won [The rent and electricity charge that are unpaid as of February 28, 2017: KRW 40,950,000 [the rent of KRW 40,950 (30,000 won x 150,000 won x 15), the unpaid electricity charge of KRW 5,083,098 - the rent that has been paid KRW 6.6 million - the lease deposit by service (Article 208(3)3 of the Civil Procedure Act).

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