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(영문) 인천지방법원부천지원 2017.05.31 2016가단120467
건물인도청구 등
Text

1. The defendant shall be the plaintiff.

(a) KRW 3,600,000 and interest thereon shall be 15% per annum from December 30, 2016 to the date of complete payment.

Reasons

1. Basic facts

A. On September 26, 2014, the Plaintiff leased real estate listed in the separate sheet to the Defendant, with a deposit of KRW 30 million, monthly rent of KRW 450,000,000, and the period from November 14, 2014 to November 13, 2016. The Defendant occupied and used the said real estate upon delivery from around that time.

B. The Defendant did not pay 3.6 million won in total for eight months as indicated in the following table during the above lease period.

The overdue period of 1/4,500,000 won in arrears, 4,550,000 won in arrears until April 2, 2014; 4,550,000 won in arrears; 4,550,000 won in December 3, 2014; 4,550,000 won in arrears; 4,550,000 won in June 4, 2015; 4,550,000 won in arrears; 4,556,000 won in June 4, 2015; 4,550,000 won in total, 3,600,000 won in September 2016

C. On November 13, 2016, the Plaintiff notified the Defendant of the termination of the lease agreement on the ground of the rent delay, etc. at that time, and the said notification reached the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, and purport of the whole pleadings

2. Determination

A. According to the above facts, the above lease agreement is deemed to have been lawfully terminated by the Plaintiff’s declaration of intent to terminate the lease agreement on the ground of the Defendant’s delay. Thus, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of delayed rent of KRW 3,600,000 as of November 13, 2016, and damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 30, 2016 to the date of full payment, which is the day following the delivery of a copy of the complaint of this case sought by the Plaintiff, and deliver the real estate listed in the attached list, and pay the Plaintiff the unjust enrichment of the rent of KRW 450,00 per month from November 14, 2016 to the day the delivery of the above real estate is completed.

B. On August 25, 2016, the defendant asserts that the defendant concluded a new lease contract with the plaintiff on August 25, 2016, which provides that deposit 20 million won for the above real estate, monthly rent 500,000 won, and one year for the lease term.

Domins, B.

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