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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Facts of recognition;
A. On January 20, 2006, the Plaintiff entered into a lease agreement with the Defendant on the lease deposit amounting to about 10 square meters on the first floor of the 10th floor of the 300,000,000 rental-based reinforced concrete building (hereinafter “instant building”) located between the Defendant and the Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul (hereinafter “instant building”) from January 20, 2006 to January 29, 2006.
B. After that, the Plaintiff operated a factory producing gold-type with the trade name “D” in the instant building. On October 2013, the Plaintiff entered into a lease agreement with the E on the first floor among the above-mentioned F-based F-based building in order to move the above factory, and was returned from the Defendant on November 14, 2013 as part of the lease deposit.
C. However, on May 8, 2014, the Plaintiff concluded a lease agreement with the Defendant and the instant building, setting the lease deposit amount of KRW 5,000,000, monthly rent of KRW 300,000, and from May 8, 2014 to June 15, 2016.
On January 20, 2006, a special contract is entered into on January 20, 2006, and the lessor deducts rent for three months due to the lessee's circumstances. The rent is paid on June 15, 2014.
(15th day of each month) Rent refers to the date of promise.
There was a statement that "...."
On the other hand, on April 27, 2018, the Defendant filed a lawsuit against the Plaintiff, etc. on April 27, 2018, seeking the delivery of the instant building and the payment of unjust enrichment equivalent to rent or rent on the ground that the lease contract was terminated due to overdue delay in rent as Incheon District Court Decision 2018Kadan107314, and received a favorable judgment from the said court on October 26, 2018.
As to this, the plaintiff filed an appeal with the Incheon District Court 2018Na71628, and the following mediation was concluded on June 13, 2019 in the process of the appeal.
1. The Plaintiff’s building of this case to the Defendant by August 14, 2019.