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(영문) 전주지방법원 2019.05.10 2018가단7339
건물명도(인도)
Text

The defendant's KRW 11,032,258 for the plaintiff and its 5% per annum from June 9, 2018 to May 10, 2019, and the following.

Reasons

On November 26, 2016, the Plaintiff’s refusal to deliver a lease agreement and the Plaintiff leased a building indicated in the attached Form (hereinafter “instant commercial building”) owned by the Defendant as KRW 30 million, KRW 00,000, KRW 1,500,000, KRW 1,500, and the period from December 12, 2016 to December 11, 2018.

(A) On November 14, 2017, prior to the expiration of the lease term, the Plaintiff entered into a contract to lease the instant commercial building with a deposit of KRW 30,00,000, and KRW 1,500,000 per month of rent (Evidence A3) with the Defendant, and the Defendant agreed to return the instant commercial building until March 15, 2018.

On March 15, 2018, the Plaintiff returned the remainder after deducting the rent, etc. unpaid from the lease deposit to the Defendant, and the Defendant demanded the refund of the deposit related to the use of the main bank and electronic equipment and the power roller’s control tower repair cost and refused to deliver the instant commercial building.

(A) No. 6. Following the Defendant’s refusal to deliver the instant commercial building, the said lease agreement between the Plaintiff and C was rescinded upon C’s declaration of intent to cancel the said lease around March 30, 2018.

(A) According to the facts of recognition as above, the Defendant was unlawfully occupied since March 15, 2018, under which the Defendant agreed to deliver the instant commercial building, and thus, is liable to compensate the Plaintiff for the damages incurred therefrom.

(1) The Defendant asserts to the effect that the instant commercial building was not liable for damages, since the Defendant did not assert that it was a lawful possession on the grounds of simultaneous performance of the obligation to return the premium in this case. The Defendant asserts to the effect that the instant commercial building was not actually used or profit-making.

However, in case the lessee has lawfully occupied the leased object after the termination of the lease contract, the lessee is obligated to return the unjust enrichment equivalent to the rent in order to recognize the obligation to return the unjust enrichment.

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