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(영문) 광주지방법원 2020.01.07 2019가단11192
건물인도 등
Text

1. The defendant

(a) deliver the buildings listed in the separate sheet;

(b)payment of 86,030,286 won and c.

Reasons

1. Basic facts

A. On October 16, 2018, the Plaintiff entered into a contract to lease a building listed in the attached list (hereinafter “instant building”) to the Defendant (hereinafter “instant lease contract”) (hereinafter “instant lease contract”), and the content of the contract is as follows.

(1) Rental deposit: 100,000 won for monthly rent of KRW 27,50,000 (including value-added tax, and prepaid by the day immediately before the relevant month): From November 1, 2018 to October 31, 2019.

B. On May 30, 2019, the Plaintiff submitted to the instant court the instant complaint containing an expression of intent to terminate the instant lease agreement on the grounds of the following delay, as the Defendant did not pay the rent for the period from January 30, 2019 to May 5, 2019, and the copy of the complaint reached the Defendant on June 7, 2019.

C. On July 3, 2019, the Defendant repaid to the Plaintiff KRW 165,00,000,000, the sum of KRW 55,000,000 on August 6, 2019 and KRW 165,00,000 for six months (the period from January 1, 2019 to June 30, 2019) or for six months for overdue rent or unjust enrichment equivalent to the rent.

The electricity charges incurred up to the date of the use of the instant building are KRW 24,915,040 in total, KRW 345,590 in total, and KRW 2,356,820 in total, and KRW 1,540,610 in total, and KRW 2,356,820 in November 6, 2019 in total, and KRW 1,540,610 in total, and the remainder was not paid.

[Ground of recognition] Facts without dispute, Gap 1, 2, 8, 9 evidence, Eul 1 and 2 evidence, Eul 3-1 and 2, the whole purport of the pleading

2. Judgment on the ground of the Plaintiff’s claim

A. According to the fact that the instant lease contract was lawfully terminated, the Defendant, the lessee, is obligated to deliver the instant building to the Plaintiff, the lessor.

B. According to the facts of the above recognition of the duty to return unjust enrichment, the Defendant, barring special circumstances, on July 1, 2019, to December 31, 2019, to the Plaintiff.

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