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(영문) 광주지방법원순천지원 2019.08.28 2019가단73038
건물
Text

1. The defendant is paid KRW 1,600,000 from the plaintiffs, and at the same time the defendant is an underground floor of real estate stated in the attached Form to the plaintiffs.

Reasons

1. Basic facts

A. On November 23, 2017, the Plaintiffs: (a) leased the leased deposit amount of KRW 40,00,000; (b) monthly rent of KRW 3,20,00,00; and (c) the lease period of KRW 3,20,00,00; and (d) from November 1, 2017 to November 30, 209, the lease period of KRW 1,2,3,4,5,6,7,7,8,9, 10,11, and 1 in sequence, among the real estate underground floors attached to the attached Form, to the Defendant.

(hereinafter “instant lease agreement”). B.

On November 28, 2017, the Defendant paid KRW 40,000,00 to the Plaintiffs.

C. On December 1, 2017, the Defendant received delivery of the instant building from the Plaintiffs, and operated a singing business in the said building until March 31, 2019.

The Defendant paid the difference between March 1, 2018 and March 2018 under the instant lease agreement, but did not pay the difference after April 1, 2018.

E. The Plaintiffs terminated the instant lease agreement on the grounds of the delinquency of rent for at least three years, and the instant complaint containing such declaration of intent was served on the Defendant on March 28, 2019.

F. The defendant currently occupies the building of this case.

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

2. Determination

A. According to the above facts finding as to the cause of the claim, the instant lease contract was lawfully terminated, barring any special circumstance, the Defendant is obligated to deliver the instant building to the Plaintiffs, and pay the rent or unjust enrichment equivalent to the rent calculated by the ratio of KRW 3,200,000 per month from April 1, 2018 to the completion date of delivery of the instant building.

B. (1) On April 1, 2019, the Defendant’s simultaneous performance defense is not obligated to pay unjust enrichment equivalent to the rent from the date of April 1, 2019, and there is a simultaneous performance defense with the purport that the building of this case cannot be returned before refund of KRW 4,80,000 remaining after deducting the overdue rent from the lease deposit of this case.

l.p. g., p.

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