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(영문) 대전지방법원 2015.01.07 2014가단30688
건물인도 등
Text

1. The defendant shall receive KRW 234,278 from the plaintiff and at the same time real estate stated in the attached Table to the plaintiff.

Reasons

1. Comprehensively taking account of the overall purport of arguments as to the cause of the claim Gap, Gap evidence Nos. 1, 2, 4, 5, and Eul evidence No. 3-1, the plaintiff concluded a lease agreement with the defendant as of November 9, 201, setting the lease deposit of KRW 1.5 million, monthly rent of KRW 8.20 million, and the lease term from December 15, 201 to December 14, 2013. The plaintiff was paid the monthly rent from the defendant as of November 14, 2012 and received the monthly rent from the defendant as of September 10, 2013, and the plaintiff received a certificate of intent to terminate the lease agreement with the defendant as of September 14, 2013 (the plaintiff was delivered from the defendant's agent until December 14, 2013; the plaintiff received the lease agreement from the defendant's agent until December 28, 2014, respectively.

According to the above facts, the above lease agreement between the plaintiff and the defendant shall be deemed to have been lawfully terminated on December 15, 2013 as the arrival of the above content certification. Thus, the defendant is obligated to deliver the building of this case to the plaintiff.

In addition, the Defendant claimed the amount equivalent to the monthly rent from November 15, 2012 on the day following the last day of the monthly rent from November 15, 2012, but was paid monthly rent from the Defendant three times thereafter. As such, the Defendant is obligated to pay the Plaintiff the unjust enrichment equivalent to the monthly rent calculated at the rate of KRW 820,000 per month from February 15, 2013, deducting the rent from the monthly rent from the date of delivery of the instant building.

2. The defendant's defense asserts that the defendant should deduct the lease deposit that the defendant paid to the plaintiff.

The fact that the Defendant paid the Plaintiff the lease deposit amount of KRW 15 million is not disputed between the parties or the purport of the entire pleadings.

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