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(영문) 전주지방법원남원지원 2020.03.25 2019가단1375
건물인도 등
Text

1. The defendant delivers the building indicated in the attached list to the plaintiff, and from March 29, 2020 to the completion date of delivery of the above building.

Reasons

On October 17, 2016, the Plaintiff entered into a lease agreement with the Defendant and the Defendant to lease the building listed in the attached list (hereinafter “instant apartment”) with the lease deposit amount of KRW 2 million, KRW 200,000,000 per month (prepaid on October 29, 2016), and from October 28, 2016 to October 28, 2018 (hereinafter “instant lease agreement,” and the legal relationship arising from the said agreement is referred to as “the instant lease”).

The defendant paid 2 million won to the plaintiff, and the plaintiff delivered the apartment of this case to the defendant.

The instant lease agreement was renewed on October 28, 2018.

From May 29, 2019, the Defendant continued not to pay the rent under the instant lease agreement. The Plaintiff terminated the instant lease agreement by serving the instant complaint on the grounds that the Defendant’s delayed rent reaches the Defendant’s two-term rentals.

According to the above facts, since the lease of this case was terminated as the lease of this case was terminated, the defendant is obligated to deliver the apartment of this case to the plaintiff.

In addition, as the Defendant did not pay a rent under the instant lease agreement and obtained profit from the possession and use of the instant apartment, despite the termination of the lease agreement, and incurred damages equivalent to the same amount to the Plaintiff, the Defendant is obligated to pay 2 million won (2 million won in total (2 million won in the rent or rent from May 29, 2019 to March 28, 2020) which the Plaintiff voluntarily deducts the rent or rent from the rent or rent from May 29, 2019 to the date of delivery of the instant apartment from March 29, 2020 to the date of delivery of the instant apartment.

The plaintiff asserts that he deducted KRW 2 million from the lease deposit with rent or unjust enrichment from May 29, 2019.

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