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(영문) 인천지방법원 2015.09.17 2014가단81596
토지인도등
Text

1. The defendant shall receive KRW 6,335,484 from the plaintiff, and at the same time, shall be attached to the land indicated in the attached Table among the plaintiff.

Reasons

1. Basic facts

A. On March 29, 2013, the Plaintiff concluded a real estate lease agreement with the Defendant, setting the lease deposit amount of KRW 15 million per month, KRW 1.5 million per month, and the lease term from March 29, 2013 to March 28, 2015.

(hereinafter “instant lease agreement”). B.

After the conclusion of the above lease contract, the Defendant loaded various kinds of scrap metal, plastics, and vacant bottles on the instant land, and operated them on the spot.

C. On December 5, 2014, the Plaintiff sent to the Defendant the content-certified mail that the instant lease contract is terminated on the grounds of the delinquency in rent for at least two years, and the said content-certified mail sent to the Defendant on December 9, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts, the instant lease was lawfully terminated on December 9, 2014 by exercising the Plaintiff’s right to terminate the lease.

As such, the Defendant is obligated to collect various scrap metal, plastics, and vacant disease, etc. loaded on the instant land from the Plaintiff and deliver the said land, at the same time, at the time when the Plaintiff was returned the remainder after deducting all the Defendant’s debts incurred until the refund of the instant land was made from the rent in arrears and other debt from the Plaintiff.

B. The Defendant’s debt 1) that the Defendant paid only the rent from August 8, 2014 to August 7, 2014 is as seen earlier. As such, the Defendant is obligated to pay 6.1 million won ( = 1,500,000 x (42/30) in arrears from August 8, 2014 to December 9, 2014, the lease termination date) to the Plaintiff. (2) The Plaintiff seek payment of unjust enrichment equivalent to the rent from December 10, 2014 to the completion date of delivery of the instant land.

The benefit in return of unjust enrichment refers to the substantial benefit, so the lessee continues to maintain the object of lease even after the lease contract relationship is terminated.

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