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(영문) 대전지방법원서산지원 2017.11.07 2017가단3767
건물인도 등
Text

1. The defendant shall be the plaintiff.

(a) Of the real estate listed in the separate sheet, each point is indicated in the separate sheet No. 1, 2, 3, 4, and 1.

Reasons

According to Gap evidence Nos. 1 through 3, the plaintiff is ordered to the defendant on November 20, 2015.

A building specified in paragraph (1) (hereinafter referred to as “instant building”) is leased with a deposit of KRW 30 million, KRW 500,000 per month (payment in advance on December 8, 2015) and the term of lease from December 8, 2015 to December 7, 2017. The Defendant paid only KRW 5 million to the Plaintiff with a deposit, and did not pay a rent after April 8, 2016. The Plaintiff notified the Defendant that the said lease was terminated on the ground that the said lease was terminated on April 10, 201, and the fact that the said notification reached the Defendant around that time.

According to the above facts, since the defendant delayed the payment of more than three rents, the above lease contract was terminated according to the plaintiff's notice of termination as of April 10, 2017.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff and pay the amount of unjust enrichment equivalent to the unpaid rent and rent at the rate of KRW 500,000 per month from April 8, 2016 to the completion date of delivery of the instant building.

Although the Defendant asserts that the necessary or beneficial cost was paid to the instant building, there is no evidence to acknowledge it, it is reasonable to view that the Defendant given up in advance the right to demand reimbursement of the necessary or beneficial cost as it agreed to restore the instant building to its original state at the time of termination of the lease agreement.

Therefore, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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