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(영문) 인천지방법원 부천지원 2018.10.02 2018가단6398
건물인도 등
Text

1. The defendant shall be the plaintiff.

A. Of the area of 48.24 square meters under the ground of the real estate listed in the attached Table 1, the attached Form 2 drawings shall be indicated in the attached Table 1, 2, 5, 4, and 1.

Reasons

1. In addition to the purport of the entire argument in each statement in Gap evidence Nos. 1 through 4 (including a provisional number) as to the cause of the claim, the plaintiff, on October 5, 2016, attached Table 2 drawings Nos. 1, 2, 5, 4, and 1 among the real estate underground of 48.24 square meters as indicated in attached Table 1, connected to the defendant on October 5, 2016, by setting the lease deposit of KRW 1.5 million, KRW 240,000,000,000,000,000 won, monthly rent of rent of rent of KRW 240,000 and KRW 5,000,000,000,000,000 are deemed to have been overdue until May 5, 2018 (hereinafter “instant lease”).

According to the above facts, the lease contract of this case was lawfully terminated on June 22, 2018, stating the purport to terminate the lease contract of this case on the grounds of the defendant's delinquency in rent, etc.

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and to pay to the Plaintiff the remainder of 2,120,000 won, which remains after deducting KRW 1,50,000 from the lease deposit that the Plaintiff was entitled to the deduction of KRW 3,120,000 (= KRW 3,220,000) from the sum of the rent and management fees in arrears until May 5, 2018 (= KRW 3,50,00) and the damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 23, 2018 to the date of full payment, and the obligation to return the rent in arrears or the unjust enrichment equivalent to the rent in arrears calculated at the rate of KRW 24,00,000 per month from May 6, 2018 to the date the delivery is completed.

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

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