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(영문) 전주지방법원 2015.12.23 2015가단15506
건물인도 등
Text

1. The defendant is against the plaintiffs:

(a) deliver all the second floor of the buildings listed in the annex;

B. 45,220,000 won and March 1, 2015

Reasons

1. On June 1, 2010, the Plaintiffs entered into a lease agreement with the Defendant on the lease deposit of 20,000,000 won (hereinafter “instant building”) from among the buildings listed in the separate sheet to November 1, 2010, and with the lease term of 2,310,000 won from June 1, 2010 to June 1, 2012 (hereinafter “instant lease agreement”). The Defendant occupied and used the instant building upon delivery from the Plaintiffs, and the instant lease agreement was implicitly renewed. The Defendant did not have any dispute with the Defendant on the following grounds: (i) the rent of 124,740,00 won from June 1, 201 to 200, and (ii) the rent of 200,310,000 won from June 1, 201 to 200, and (iii) the Defendant could have paid more than 201,000,0000 won for late 20333,04.1.

According to the above facts, the lease contract of this case was terminated on November 28, 2014 due to the delinquency in rent for at least two years.

Therefore, the defendant is obligated to deliver the building of this case to the plaintiffs, and return unjust enrichment calculated by the ratio of KRW 2,310,000 per month from March 1, 2015 to the completion date of delivery of the building of this case.

2. In conclusion, the plaintiffs' claims of this case are reasonable, and all of them are accepted. It is so decided as per Disposition.

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