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(영문) 인천지방법원부천지원 2020.12.10 2020가단114643
건물인도
Text

The defendant shall deliver to the plaintiff each building listed in the attached list.

The defendant shall attach from May 1, 2020 to the plaintiff.

Reasons

On January 7, 2014, the Plaintiff entered into a lease contract (hereinafter “instant lease contract”) with the Defendant for the lease deposit of KRW 90 million, KRW 950 million, KRW 9500,000 per month, and KRW 9.5 million per month from April 1, 2014 to March 31, 2016. The Defendant did not pay rent for July 2019 from the date of delivery of the instant real estate and the instant lease contract was explicitly renewed. On February 26, 2020, the Plaintiff sent the content-certified mail to the Defendant that the instant lease contract is terminated for reasons of the Defendant’s delinquency in payment of rent, and the Defendant continued to deliver the content-certified mail to the Defendant around that time, and the Defendant’s continued to use the instant real estate as a corrective number or a serial number for each of the parties to each of the instant construction, etc., and the purport of each of the instant lease contract can be acknowledged as having been included in Gap’s defense as a whole.

According to the above facts, the lease contract of this case was legally terminated around February 26, 2020, when the plaintiff's expression of intent to terminate the contract was delivered to the defendant on the ground of overdue rent, while the lease contract of this case was explicitly renewed.

Therefore, the Defendant, as a duty to restore to the Plaintiff, delivers the instant real estate, which is the leased object, to the Plaintiff, and as sought by the Plaintiff (it is pointed out that the Plaintiff is a 95 million overdue charge from July 2019 to April 2020, which exceeds the deposit amount of KRW 90 million), is obligated to return unjust enrichment equivalent to the rent of KRW 9.5 million per month from May 1, 2020 to the time the transfer of the instant real estate is completed).

The plaintiff's claim of this case is justified, and all of them are accepted.

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