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(영문) 수원지방법원 평택지원 2018.11.23 2018가단4135
건물인도등
Text

1. The defendant shall be the plaintiff.

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

B. From August 1, 2018, the above-mentioned A

subsection (b).

Reasons

1. Facts of recognition;

A. On December 1, 2016, the Plaintiff leased (hereinafter “instant lease”) real estate listed in the attached Table to the Defendant, setting the lease deposit amount of KRW 5 million, monthly rent of KRW 3.6 million, and the lease period from December 1, 2016 to November 30, 2018.

B. Since May 2017, the Defendant began to delay the rent from May 2017. Accordingly, the Plaintiff terminated the instant lease agreement between the Defendant and the Defendant around February 20, 2018 and deliver the real estate listed in the separate sheet.

“The Defendant, even after the end of April 2018, occupies and uses the real estate listed in the separate sheet even after the agreement was reached.

C. Meanwhile, the Defendant did not pay a total of 5,440,000 won (14 months) between March 2017 and July 2018, except for the share of March 2018 and the share of April 2018.

【Ground for Recognition: Facts that there is no dispute between the parties, or is not clearly disputed, and the purport of the whole entries and arguments in Gap evidence 1 through 3】

2. According to the fact that the instant lease contract was concluded on April 2018 by the Defendant’s agreement on February 20, 2018, based on the rent delay.

Therefore, the defendant is obligated to return unjust enrichment calculated by the ratio of KRW 360,000 per month, which is equivalent to the rent from August 1, 2018 to the completion date of delivery of the above real estate, as sought by the plaintiff, since the real estate stated in the attached list was handed over to the plaintiff and the deposit of KRW 5 million was fully deducted.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.

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