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(영문) 대전지방법원천안지원 2015.06.09 2015가합161
토지인도
Text

1. The Defendant shall deliver to the Plaintiff the area of KRW 15,00,000,000,000,000, and the above from December 21, 2014.

Reasons

On April 20, 2009, the Plaintiff leased the lease deposit amount of KRW 5,00,000,000 per month (payment on April 20, 2009), and two years from April 20, 2009 to April 20, 201, the Plaintiff handed over the instant land at around that time. The instant lease contract was renewed on the same condition as April 20, 201.

Article 1 of the instant lease agreement provides, “The right to file a claim for withdrawal at the time of arrears for at least three months.”

The Defendant paid to the Plaintiff KRW 4,00,000 on April 10, 2009, and KRW 1,000,000 on April 13, 2009, respectively, and paid KRW 19,00,000 in total from June 12, 2009 to September 21, 2012.

On August 2, 2013, the Plaintiff sent a content-certified mail to the Defendant to the effect that the instant lease contract was terminated on the grounds that the Plaintiff did not pay the rent from September 2, 2012 to August 2, 2013.

[Ground of recognition] A’s evidence Nos. 1 and 4, and the purport of the entire argument was determined based on the above facts. According to the above facts, the Defendant did not delay to pay more than three vehicles. The Defendant reached the Defendant on August 2, 2013, which indicated the Defendant’s intent to terminate the instant lease agreement on the grounds of overdue rent, and the instant lease agreement was lawfully terminated around that time.

I would like to say.

Therefore, barring any special circumstance, the Defendant is obligated to deliver the instant land to the Plaintiff, and the amount equivalent to KRW 15,00,000,000 in aggregate of the amount of the unpaid rent or the amount of the unjust enrichment equivalent to the unpaid rent from April 20, 2009 to December 20, 2014 (=34,000,000 in aggregate of the amount of the rent or the rent from April 20, 2009 to December 20, 2014 + KRW 19,00,000 in aggregate of the rent actually paid by the Defendant x 68 months) and the rent in proportion to KRW 50,00 in proportion to the monthly rent from December 21, 2014 to December 20.

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