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(영문) 인천지방법원부천지원 2016.05.03 2015가단23606
건물명도
Text

1. The defendant shall be the plaintiff.

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

B. From November 28, 2015, the above A

subsection (b).

Reasons

1. Basic facts

A. On May 28, 2015, the Plaintiff leased real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant, with a deposit of KRW 5,000,000, monthly rent of KRW 400,000 (payment on May 28, 201), from May 28, 2015 to May 27, 2017 (hereinafter “instant lease agreement”), and the Defendant occupied and used the instant real estate upon delivery.

B. The Defendant did not pay rent from June 28, 2015, which was the first rent payment date of the above lease period, and accordingly, the Plaintiff issued a certificate to the effect that the instant lease contract is terminated on September 2, 2015 and September 16, 2015, respectively.

【Reasons for Recognition】 The purport of the whole pleadings in each entry of evidence Nos. 1, 6 through 8

2. Determination on the cause of the claim

A. According to the fact that the Defendant’s duty to deliver the instant real estate, the obligation to pay the overdue rent, and the obligation to return unjust enrichment, the instant lease is deemed lawful and terminated by the Defendant’s two or more years of delay, and by the Plaintiff’s declaration of intention to terminate the contract. Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and to pay the Plaintiff the overdue rent and the amount of unjust enrichment equivalent to the rent from the date of the completion of the delivery

B. We examine the scope of overdue rent and unjust enrichment to be paid by the Defendant, and the scope of overdue rent and unjust enrichment to be paid by the Defendant. Since the Plaintiff is a person who received overdue rent from the Defendant until November 25, 2015, the above part is excluded in calculating overdue rent or unjust enrichment to be paid by the Defendant to the Plaintiff.

Therefore, the amount to be paid by the Defendant to the Plaintiff after the above payment date shall be deemed as unjust enrichment equivalent to the rent calculated at the rate of KRW 400,000 per month from November 28, 2015 to the completion date of delivery of the instant real estate.

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