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(영문) 인천지방법원 2017.08.10 2017가단220309
건물명도(인도)
Text

1. The Defendant’s monthly payment from KRW 40,748,00 to KRW 40,748,000 from May 28, 2017 to the delivery date of the real estate indicated in the separate sheet.

Reasons

1. Facts of recognition;

A. On September 28, 2011, the Plaintiff and the Defendant concluded a lease contract with the lease deposit of KRW 112 million, monthly rent of KRW 5280,000, and the lease period of KRW 24 months with respect to the instant real estate owned by the Plaintiff.

(hereinafter “instant lease agreement”). B.

The Defendant occupied the instant real estate and operated a business, and occupied the instant lease agreement with the Plaintiff by implied renewal. From March 2016 to April 2017, the Defendant paid only KRW 2,668,00 among the 14-month rent of KRW 7,392,00,000 to the Plaintiff, and did not pay the remainder of KRW 71,252,00.

C. On May 10, 2017, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the grounds of delinquency in monthly rent by content-certified mail, and the said notification served to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, purport of whole pleadings

2. Assertion and determination

A. When the plaintiff alleged by the parties sought the delivery of the real estate of this case, the payment of the rent in arrears, and the payment of unjust enrichment equivalent to the rent from the date of delivery of the real estate of this case, the defendant shall set off the above overdue rent from the equivalent amount of the claim for return of the lease deposit and deliver the real estate of this case with the payment of the lease deposit remaining after set-off.

B. 1) According to the facts acknowledged prior to the determination as to the cause of the claim, the instant lease agreement was terminated due to the Defendant’s delinquency in rent, barring any special circumstance, the Defendant shall deliver the instant real estate to the Plaintiff, and shall pay the Plaintiff the overdue rent and the amount equivalent to the rent from the date of delivery of the instant real estate. 2) The lease deposit for the determination as to the set-off objection against the lease deposit shall be granted to guarantee the rent and other lessee’s obligations arising from the time when the lease contract was terminated until the time when the lessee delivers the object.

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