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(영문) 대전지방법원 2019.10.01 2019가단5793
건물인도 등
Text

1. The defendant shall be the plaintiff.

A. Of the real estate listed in the separate sheet, each point of the drawings display price, B, C, D, and A shall be in sequence.

Reasons

1. Facts of recognition;

A. On January 15, 2018, the Defendant entered into a lease agreement with the Plaintiff on the premise that the lease deposit is two million won, the monthly rent is 550,000 won, and the contract period is 24 months with respect to the portion of the office in the ship connected with each point of the land in the attached Form among the real estate as indicated in the attached Table with the Plaintiff, and that is occupied and used by the Plaintiff after being delivered the instant building by the Plaintiff.

B. However, from January 15, 2018 to November 15, 2018, the Defendant did not pay only 4.6 million won as the above lease deposit and monthly rent, and thereafter, did not pay it as the monthly rent. As of March 2019, the Defendant is in arrears equivalent to 4.55 million won exceeding the monthly rent for eight months.

C. Accordingly, on April 26, 2019, the Plaintiff terminated the said lease by serving a duplicate of the instant complaint on the Plaintiff.

[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings

2. According to the facts of the above recognition, the above lease agreement is deemed to have been lawfully terminated by the Defendant’s monthly rent in arrears and the Plaintiff’s declaration of termination. Thus, the Defendant is obligated to deliver the instant building to the Plaintiff, and to return unjust enrichment equivalent to KRW 550,000,000,000 from April 16, 2019 to the delivery of the building from April 16, 2019 to the delivery of the building.

3. citing the Plaintiff’s claim for conclusion

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