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(영문) 대전지방법원천안지원 2020.06.17 2020가단102941
건물인도
Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the annex;

B. From February 4, 2020, the delivery of the above building.

Reasons

1. Facts of recognition;

A. On October 30, 2016, the Plaintiff leased the second floor D (hereinafter referred to as the “instant building”) of the building C in Seodaemun-gu, Seocheon-gu, Seocheon-gu, the lease deposit amount of KRW 10,000,000, monthly rent of KRW 500,000, and the lease period of KRW 300,00 from November 3, 2016 to November 3, 2019. The Defendant operated the restaurant business in the instant building.

B. The defendant did not pay monthly rent, and accordingly the plaintiff terminated the lease contract of this case.

[Grounds for Recognition: entry in the evidence of subparagraphs 1 through 5, the purport of the whole pleadings]

2. According to the above facts of determination, since the lease contract of this case was terminated by the termination of the plaintiff due to the delay in rent of the defendant, the defendant is obligated to deliver the building of this case to the plaintiff and pay the plaintiff the amount of unjust enrichment equivalent to the rent calculated by the ratio of KRW 500,000 per month from February 4, 2020 to the completion date of delivery of the building.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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