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(영문) 인천지방법원 2020.11.04 2020가단2334
건물인도등
Text

The Defendant, as the Plaintiff

(a) deliver each real estate listed in the separate sheet;

B. 51,200,000 won and January 16, 2020

Reasons

1. According to the facts that there is no dispute between the parties to the judgment on the cause of the claim and the purport of the entire entries and arguments as to Gap evidence Nos. 1 through 3, the plaintiff paid each of the buildings listed in the separate sheet (hereinafter "each of the buildings of this case") to the defendant on June 15, 2016, with the lease deposit amount of KRW 50,000,000, the lease deposit amount of KRW 15,000 from June 15, 2016 to June 15, 2018 (including value-added tax), and the lease amount of KRW 30,300,000 (hereinafter "the lease contract of this case"). The defendant received 30,000,000 from the plaintiff and received each of the buildings of this case from the plaintiff around that time, the defendant did not pay the remaining lease deposit amount of KRW 20,000,000 to the defendant on June 15, 2018.

According to the above facts, even after the expiration of the lease contract of this case, the defendant continued to use each of the buildings of this case and the plaintiff did not raise any objection thereto. However, the contract of this case was lawfully terminated upon the plaintiff's declaration of intention to terminate the lease contract of this case on the ground of overdue delay for more than three years after its renewal.

Therefore, the defendant delivered each of the buildings of this case, which are leased objects, to the plaintiff, and paid 51,200,000 won unpaid until January 15, 2020, and the defendant uses and benefits each of the buildings of this case, calculated at the rate of 3,300,000 won per month from January 16, 2020 to the completion date of delivery of each of the buildings of this case, as mentioned above.

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