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(영문) 인천지방법원부천지원 2017.10.12 2017가단10543
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the annex;

B. From August 23, 2017, real estate listed in the annexed Form.

Reasons

On March 24, 2017, the Plaintiff entered into a lease agreement with the Defendant on a deposit basis for KRW 30 million, monthly rent of KRW 600,000,000, and the lease term of the instant building from April 23, 2017, and leased the instant building to the Defendant. The Defendant delayed payment of rent for two months from May 23, 2017; the Plaintiff notified the Defendant of the termination of the said lease agreement on July 26, 2017; and the fact that the Defendant paid the rent for two months thereafter does not conflict between the parties.

According to the above facts, since the lease contract on the building of this case was terminated on July 26, 2017 due to the Defendant’s delinquency in payment of rent, the Defendant is obligated to deliver the building of this case to the Plaintiff and pay unjust enrichment calculated by the rate of KRW 600,000 per month, which is equivalent to the rent from August 23, 2017 to the completion date of delivery of the building of this case.

Therefore, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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