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(영문) 대전지방법원 2018.09.19 2017가단226879
토지인도
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Summary of the parties' assertion

A. The Plaintiff’s assertion 1) On March 1, 2017, between the Defendant and the Defendant, the Plaintiff’s respective real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

(2) The Defendant entered into a real estate lease agreement with the Defendant on a monthly rent of KRW 3 million. (2) Although the Defendant occupied and used each of the instant real estate from the time of concluding the real estate lease agreement with the Plaintiff, it was only deposited only the amount calculated by the ratio of KRW 2 million per month, which is a part of the said rent.

3) Therefore, the Defendant is obligated to deliver each of the instant real estate to the Plaintiff, and to pay unjust enrichment calculated by the ratio of KRW 3 million per month from March 1, 2017 to the completion date of delivery of each of the instant real estate. (B) The Defendant’s assertion 1) concluded a real estate lease agreement with the Plaintiff on March 1, 2017, which is the monthly rent of KRW 2 million, and there was no agreement between the Plaintiff and the Plaintiff on March 1, 2017 to pay KRW 3 million monthly rent.

2) On November 27, 2017, the Plaintiff: (a) received the monthly rent of KRW 27 million from the Defendant and sought to resolve conflicts with respect to each of the said real estate upon delivery of each of the instant real estate. Therefore, on November 30, 2017, the Plaintiff sent a mail verifying the content that “The monthly rent of KRW 27 million is paid as the monthly rent of each of the instant real estate.” However, this is not effective as the peremptory notice for performance; and (b) it is not recognized as the notification for termination of the real estate lease contract that is terminated. (c) The Defendant deposited all the money calculated by the ratio of KRW 200,000 per month, the monthly rent of which is the monthly rent agreed with the Plaintiff.

2. Determination

A. Each description of Gap evidence Nos. 4 through 6 (including each serial number), with respect to the monthly rent agreed between the plaintiff and the defendant, shall be deemed as KRW 3 million per month between the defendant and the defendant.

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