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(영문) 인천지방법원부천지원 2020.04.01 2020가단683
건물인도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. From January 2, 2020, the above real estate.

Reasons

According to the facts without dispute, Gap evidence Nos. 1, 2, and Eul evidence Nos. 2 (including each number), and the purport of the whole pleadings, the plaintiff may recognize the fact that, June 2, 2018, the plaintiff delivered the building of this case to the defendant on June 2, 2018 without paying a deposit of 30,000,000 won, monthly rent of 2,750,000 won (the monthly rent of 2,860,000 won from January 17, 2019), and the lease term of 2,860,000 won from June 2, 2018 to January 16, 2020. At that time, the plaintiff delivered the building of this case to the defendant, and the defendant did not pay a rent from February 18, 2019.

According to the above facts, the above lease contract terminated on January 16, 2020, and KRW 30,000,000 is 15 months (=1,40,000 won 30,000,000 won x 10 months) ± (2,860,000 won per month x 10 months) ± 92,258 won ± 2,860,000 won ± 31 days, but less than KRW 31 days, but less than a small number of households). Thus, the deposit was deducted from the deposit and repaid until January 1, 2020 after February 18, 2019.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff, and pay the rent and unjust enrichment, calculated at the rate of KRW 2,860,000, which is the previous rent, from January 2, 2020 to the day when the delivery of the instant building is completed.

Thus, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the remaining claim is dismissed as there is no ground.

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