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(영문) 창원지방법원 2017.07.28 2017가단3584
건물인도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

(b) from June 30, 2016, entry in paragraph (a).

Reasons

1. Comprehensively taking account of the overall purport of the statements and arguments by Gap evidence Nos. 1 and 2 (including paper numbers) as to the cause of the claim, the plaintiff entered into a lease agreement with the defendant on June 30, 2016, setting the lease deposit amount of KRW 20 million, KRW 1500,000,000,000, monthly rent, and the lease period from June 30, 2016 to May 29, 2018. The defendant was handed over the real estate from the plaintiff and occupied and used the real estate, but did not pay the plaintiff at all, and the plaintiff did not pay the rent. The plaintiff expressed his/her intention to terminate the lease agreement by delivering a copy of the complaint of this case on the ground of delinquency in payment of rent by the defendant, and the defendant served a copy of the complaint of this case on March 29, 2017.

According to the above facts, the above lease contract was lawfully terminated on March 29, 2017.

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff and pay the Plaintiff the rent or unjust enrichment equivalent to the rent, calculated at the rate of KRW 1,500,000 per month from June 30, 2016 to the delivery date of the instant real estate.

2. The defendant's assertion is asserted to the purport that the plaintiff's claim is unjustifiable, since the defendant's determination on the defendant's assertion requires settlement on two caters installed within the leased object.

However, the ground alleged by the defendant alone does not constitute a legitimate ground to refuse the plaintiff's claim. Therefore, the defendant's argument is without merit.

3. Conclusion, the plaintiff's claim is justified and acceptable.

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