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(영문) 창원지방법원진주지원 2020.04.24 2019가단7309
건물인도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver real estate indicated in the annexed real estate;

B. 10,400,000 won and December 2, 2019

Reasons

1. Basic facts

A. On February 1, 2017, the Plaintiff leased the instant building to the Defendant as KRW 2,00,000, KRW 500,000 per month for rent, KRW 300,00 per month for rent, KRW 30 on the 30th day of each month for rent, and from February 1, 2017 for rent period from February 1, 2017 to 24 months.

(hereinafter “instant lease agreement”). B.

From February 1, 2017 to November 30, 2019, the Defendant paid KRW 6,600,000 over 17,00,000 (34 months x 50,000 per month) out of the rent generated from February 1, 2017, as shown in the attached Table of Payment Statement, as shown in the attached Table of Payment from February 28, 2017 to May 14, 2019.

C. The Plaintiff, upon the delivery of the instant complaint, declared that the instant lease agreement was terminated due to the failure to pay rent, and the instant warden served on the Defendant on December 10, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The Plaintiff’s assertion that the Defendant did not pay the sum of KRW 11,000,000 out of the rent based on the instant lease agreement from August 1, 2017 to November 30, 2019, and thus, the instant lease agreement is terminated upon the delivery of the instant complaint.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff and pay the amount calculated by applying the rate of KRW 500,000 per month to the unjust enrichment equivalent to the rent from December 1, 2019 to the completion date of delivery of the instant real estate.

3. Determination

A. The Plaintiff, upon the delivery of the instant complaint, declared that the instant lease agreement was terminated due to unpaid rent, upon the Plaintiff’s occurrence of the duty to deliver the instant building, unpaid rent, and obligation to return unjust enrichment, was delivered by the instant complaint, and the instant lease agreement was delivered to the Defendant on December 10, 2019. Therefore, if circumstances arise, the instant lease agreement was terminated on December 10, 2019. Thus, the Defendant is obligated to deliver the instant building to the Plaintiff upon the termination of the instant lease agreement and to pay the unpaid rent and unjust enrichment equivalent to the unpaid rent.

(b).

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