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(영문) 광주지방법원 2018.11.07 2018가단5565
건물인도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver one-story low temperature storage, 170.24 square meters among the buildings listed in the attached Form;

(b) May 1, 2017

Reasons

1. Facts of recognition;

A. On March 31, 2017, the Plaintiff entered into a lease agreement with the Defendant on a deposit for lease deposit of KRW 5,000,000, monthly rent of KRW 500,000, and from April 1, 2017 to March 31, 2019 (hereinafter “instant lease agreement”).

B. From May 1, 2017, the Defendant delayed the rent from May 1, 2017, and currently occupies the leased object of this case.

C. On February 22, 2018, the content-certified mail containing the Plaintiff’s expression of intent to terminate the instant lease agreement was served on the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 2, Gap evidence 3-1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts, the instant lease contract was terminated according to the Plaintiff’s intention of termination on the ground of delinquency in rent.

Therefore, the Defendant is obligated to deliver the leased object of this case to the Plaintiff and pay the overdue rent or unjust enrichment calculated at the rate of KRW 500,000 per month from May 1, 2017 to the time of delivery of the leased object of this case.

B. As to this, the defendant asserted that the plaintiff could not achieve the purpose of the lease by hindering the use of the leased object of this case, and caused damage therefrom, but there is no evidence to acknowledge such assertion.

(3) If so, the plaintiff's claim of this case is justified, and it is so decided as per Disposition by the assent of all participating Justices.

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