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(영문) 전주지방법원 2015.11.26 2015가단17724
건물인도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver a building indicating the attached real estate;

B. From June 11, 2015, the above A.

Reasons

1. Facts of recognition;

A. On April 11, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant to lease a building indicated in the attached property, with a lease deposit of KRW 2 million, monthly rent of KRW 2.6 million, and the period from April 11, 2014 to April 10, 2015 (hereinafter “instant lease agreement”).

B. The Plaintiff filed the instant lawsuit on June 2, 2015, stating in the written complaint that the instant lease agreement will be terminated on the grounds of the Defendant’s delinquency in the second period of rent, and the duplicate of the instant complaint reached the Defendant on June 10, 2015.

C. The Defendant is occupying and using a building listed in the attached list as of the date of closing argument, and paid only rent until October 10, 2014 out of rent based on the instant lease agreement, and did not pay the following rent continuously until the date of closing argument.

On November 5, 2015, the Plaintiff appropriated the deposit of KRW 2 million for the instant lease agreement from October 11, 2014 to June 10, 2015 for KRW 2,080,000,000,000,000,000 from October 11, 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 7, and 8 (including branch numbers, if any) and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the lease contract of this case was terminated by the delivery of the copy of the complaint of this case on the ground of the delinquency in the second period of rent.

Therefore, barring any special circumstance, the defendant is obligated to deliver to the plaintiff the building indicated in the attached property by restoring it to its original state, and pay the money calculated by the ratio of KRW 260,000 per month from June 11, 2014 to the completion date of delivery of the building indicated in the attached property to the rent or the rent party's unjust enrichment.

3. Determination on the defendant's defense, etc.

A. The defendant asserts that the plaintiff's argument is groundless since he paid monthly rent 7 months to the plaintiff in advance, but the lease deposit is given to the lessor.

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