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(영문) 인천지방법원부천지원 2017.07.19 2017가단3460
건물명도 등
Text

1. Each of the plaintiff's claims is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On June 23, 2016, the Plaintiff entered into a lease agreement with the Defendant regarding rooftop towers (hereinafter “instant real estate”) from June 24, 2016 to June 24, 2018 with regard to the lease deposit amounting to KRW 3,00,000, monthly rent, and KRW 230,000 (hereinafter “instant lease agreement”), but the Defendant did not pay rent after December 2016, and did not pay KRW 130,000.

The Plaintiff terminated the instant lease contract by serving the duplicate of the instant complaint. As such, the Defendant is obligated to deliver the instant real estate to the Plaintiff, to return the amount of KRW 820,000 in total, including unpaid rent and electricity charges, and damages for delay thereof, and to return unjust enrichment calculated by the rate of KRW 230,000 in total from March 1, 2017 to the date of delivery.

2. We examine whether the lease contract of this case between the Plaintiff and the Defendant was concluded between the Plaintiff and the Defendant, which seems consistent with the Plaintiff’s assertion, and as there is no evidence to acknowledge the authenticity, the lease contract of No. 2 No. 2 cannot be used as evidence, and the remaining evidence submitted by the Plaintiff alone is insufficient to recognize the Plaintiff’s assertion. There

3. The plaintiff's claim is dismissed as it is without merit.

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