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(영문) 전주지방법원 2017.12.19 2017가단11447
건물명도
Text

1. The Defendant shall deliver to the Plaintiff the real estate indicated in the attached list, and deliver the said real estate from December 17, 2017.

Reasons

1. Determination as to the cause of claim

A. A. Around January 2007, the Plaintiff entered into a lease agreement with the Defendant on the security deposit amounting to KRW 10 million, the lease period of KRW 36 months from January 8, 2007, and the monthly rent of KRW 600,000. (2) The Plaintiff and the Defendant agreed to reduce the monthly rent of the above lease from August 2008 to KRW 400,000 per month, and the said lease agreement was renewed with the same terms and conditions.

(3) Around March 15, 2017, the Defendant did not pay the rent under the instant lease agreement, and the Plaintiff sent to the Defendant a certificate attesting that the instant lease agreement was terminated on the grounds of delinquency in rent, thereby allowing the Defendant to reach that agreement. 4) The amount of KRW 10 million for the rental deposit under the instant lease agreement was deducted from the amount of unjust enrichment equivalent to the rents in arrears or the rents in arrears by the Defendant until December 16, 2017.

5) As of the date of the closing of argument in the instant case, the Defendant did not deliver to the Plaintiff the real estate indicated in the separate sheet as of the date of the closing of argument.

B. According to the above fact-finding, the instant lease agreement is deemed to have been lawfully terminated on March 15, 2017 due to the Defendant’s delinquency in rent, and thus, the Defendant is obligated to deliver the real estate indicated in the separate sheet to the Plaintiff to its original state, and to pay the amount calculated by the rate of KRW 400,000 per month from December 17, 2017 to the completion date of delivery of the said real estate after the full deduction of KRW 10 million due to the return of unjust enrichment.

2. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.

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