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(영문) 인천지방법원 2019.07.03 2019가단1458
건물명도등
Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

(b) As from February 23, 2019, KRW 1,300,00 and above.

Reasons

1. Basic facts

A. On July 7, 2017, the Plaintiff agreed to lease a building listed in the separate sheet (hereinafter referred to as “instant real estate”) between the Defendant and the Defendant, with a deposit of KRW 13,00,000, monthly rent of KRW 1,300,00 (value-added tax separate, by July 22, 2017) and the term of lease from July 23, 2017 to July 22, 2019, on condition that, if the Plaintiff continued to pay monthly rent and monthly management expenses for at least two months, the Plaintiff agreed to lease the instant real estate by stipulating that the Plaintiff may terminate the lease contract (hereinafter referred to as “instant lease agreement”), and on July 22, 2017, the Plaintiff received all deposits and delivered the instant real estate to the Defendant.

B. As the Plaintiff was not paid rent from April 23, 2018, the instant lease agreement is terminated if it did not deposit the unpaid rent of KRW 11,440,000 (including value-added tax) for eight months until January 18, 2019.

“The Defendant sent the content certification to the Defendant, but did not receive rent from the Defendant, and the instant real estate was not received.

[Ground of recognition] Facts without dispute, entry of evidence A1 to 8, purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, the instant lease agreement was terminated on the ground of the Defendant’s delinquency in payment of rent, barring any special circumstance, and thus, the Defendant is obligated to deliver the instant real estate to the Plaintiff and pay the Plaintiff the unpaid rent or the unpaid rent in an amount equivalent to the unpaid rent or the rents, which is the remainder of KRW 1,30,000, which is the amount obtained by deducting the deposit of the instant lease from the amount of unjust enrichment equivalent to the unpaid rent after April 23, 2018 (rent 14,300,000 until February 22, 2019 - Lease deposit 13,00,000,000) and the amount equivalent to the unpaid rent or the amount of unjust enrichment calculated at the rate of KRW 1,430,00 from February 23, 2019 to the completion date of delivery

B. The Defendant’s assertion is prior to the conclusion of the instant lease agreement.

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