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Reasons
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(영문) 대전지방법원 천안지원 2018.09.12 2018가단4204
건물명도 등
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1. The defendant shall be the plaintiff.

(a) deliver each building listed in the separate sheet;

(b) 3,040,000 won and from May 1, 2018.

Reasons

1. Determination on the cause of the claim

A. 1) On October 5, 2016, the Plaintiff and the Defendant each building indicated in the separate sheet (hereinafter “instant building”) between the Plaintiff and the Defendant, and the Defendant.

(3) The term of lease under the terms and conditions that a lease deposit shall be KRW 3,00,000, KRW 370,000 per month, and KRW 370,000 per month, and the term of lease shall be from November 1, 2016 to October 31, 2018 (hereinafter “instant lease agreement”).

(2) The Defendant did not pay the rent from November 2016.

On May 15, 2017, the Plaintiff notified the Defendant that the instant lease contract was terminated on the grounds of the Defendant’s delinquency in rent, and the notification reached the Defendant around that time.

3. The rent unpaid by the Defendant until April 30, 2018 is 3,040,000 won in total.

B. According to the above findings, the instant lease agreement was lawfully terminated by the Plaintiff’s termination on May 15, 2017.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff, and to pay unjust enrichment equivalent to the rent of KRW 3,040,000 calculated by the ratio of KRW 370,000 per month from May 1, 2018 to the completion date of delivery of the instant building.

2. As to the Defendant’s assertion, around November 2016, the Defendant agreed between the Plaintiff and the Defendant to reduce the rent to KRW 320,000 per month under the instant lease agreement, and accordingly, the Defendant paid the Plaintiff the rent by September 2017. Accordingly, the Plaintiff’s termination is inappropriate and the Plaintiff’s amount claimed is not the correct amount in arrears. However, there is no evidence to acknowledge this. Accordingly, the Defendant’s assertion cannot be accepted.

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

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