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(영문) 의정부지방법원고양지원 2015.06.25 2014가단33553
건물인도 등
Text

1. The defendant shall be the plaintiff.

A. Of the buildings listed in the separate sheet, each point of the separate sheet Nos. 1, 2, 3, 4, and 1 shall be in sequence.

Reasons

1. Basic facts

A. On February 10, 2014, the Plaintiff leased the building indicated in the attached list (hereinafter “instant building”) to the Defendant by setting the lease deposit of KRW 10,00,000,00, the rent of KRW 1,200,000, and the lease term of February 9, 2015.

(hereinafter “instant lease agreement”). B.

After the conclusion of the instant lease agreement, the Defendant did not pay only once to the Plaintiff.

C. On June 5, 2014, the Plaintiff sent to the Defendant a certificate of content that notified the termination of the lease agreement on the grounds of not less than two years of rent, and reached the Defendant around that time.

After the lease contract of this case, the defendant occupies the building of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 3, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the instant lease contract was terminated upon the Plaintiff’s termination notification.

Therefore, the defendant is obligated to deliver the building of this case to the plaintiff, and when the plaintiff deducts the lease deposit of KRW 10,800,000 from KRW 10,000 to November 9, 2014 to be returned to the defendant, from KRW 10,80,00 for nine months from February 10, 2014 to KRW 10,80,000 (i.e., KRW 1,200,000 for each month) the lease deposit to be returned to the defendant does not remain. Thus, the defendant is obligated to pay to the plaintiff unjust enrichment equivalent to the rent calculated by the ratio of KRW 1,20,00 for each month from November 10, 2014 to the completion date of delivery of the building of this case.

3. The judgment on the Defendant’s assertion was that the Defendant was not able to use the instant building since it did not interfere with cement works, tree trees and drainage works, etc. for the cement, tree trees, and drained for the front end of which the Plaintiff promised as a sea cycle, and that the Plaintiff was unable to use the instant building because he was temporarily locked the door of the instant building and prevented the Defendant from using the instant building due to the container, etc.

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