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(영문) 인천지방법원 2017.08.09 2016가단34693
건물인도
Text

1. From 20,000,000 won to 20,000 won, the Defendant shall each month from February 2, 2016 to the completion date of delivery of the buildings listed in the separate sheet.

Reasons

1. Facts of recognition;

A. On January 28, 2016, the Plaintiff: (a) determined and leased a building listed in the attached list (hereinafter “instant apartment”) to the Defendant as a deposit of KRW 20,000,000; (b) monthly rent of KRW 850,000; and (c) the period from February 2, 2016 to February 1, 2018; and (d) handed over the building to the Defendant.

B. However, the Defendant did not pay to the Plaintiff once a monthly rent after the lease agreement on the instant apartment.

C. On July 5, 2016 and on the 14th day of the same month, the Plaintiff sent to the Defendant a content-certified mail containing the purport of cancelling the lease agreement and delivering the instant apartment based on the overdue rent.

[Ground for Recognition] Unsatisfy, each entry in Gap evidence 1 to 3 (including a tentative number)

2. Determination

A. According to the facts of the judgment on the cause of the claim, since the lease agreement on the apartment of this case is terminated by delivery of a content-certified mail or a copy of the complaint of this case, which contains the plaintiff's intention of termination on the grounds of the defendant's delay of rent, the defendant is obligated to deliver the apartment of this case to the plaintiff.

(1) The court below held that the lease contract for the apartment of this case was terminated at least. Thus, the defendant has a duty to deliver the apartment of this case on the ground of implied agreement termination. Furthermore, the amount of unjust enrichment to be returned to the defendant is the amount equivalent to the rent of the real estate in ordinary cases, and the amount of profit from the possession and use of the real estate is the amount equivalent to the rent of the real estate. According to the evidence No. 1, the monthly rent from February 2, 2016 to June 14, 2017, from February 2, 2016 to June 14, 2017, which is the date of the closing of argument in this case, it is recognized that the rent from February 2, 2016 to June 14, 2017 was 850,000, and the subsequent rent is confirmed to be the same amount. Thus, the defendant is obligated to pay the plaintiff the amount of the rent calculated at the rate of KRW 850,000 from February 2, 200

B. The defendant.

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