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(영문) 인천지방법원 부천지원 2018.06.19 2018가단2723
건물인도 등
Text

1. The defendant shall be the plaintiff.

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

B. From October 1, 2017, the same shall apply.

Reasons

1. In addition to the purport of the entire pleadings in the evidence No. 1 and No. 5 as to the cause of the claim, the Plaintiff, on August 22, 2016, notified the Defendant of the lease deposit amounting to KRW 50 million, KRW 4,400,000,000 per each month, and the lease period from September 25, 2016 to September 24, 2018 (hereinafter “instant lease contract”). The Defendant paid the lease deposit up to September 2017 only until September 26, 2017, and thereafter, the Plaintiff was in arrears with the payment of the rent up to September 26, 2018, and the Plaintiff notified the Defendant of the termination of the instant lease contract as part of January 31, 2018.

According to the above facts, the lease contract of this case was lawfully terminated according to the plaintiff's notice of termination on the ground of the defendant's delinquency in rent. Thus, the defendant is obligated to deliver the real estate of this case to the plaintiff, and return the overdue rent and unjust enrichment equivalent to the overdue rent calculated at the rate of KRW 440,000 per month from October 1, 2017 to the day the delivery is completed.

2. In conclusion, the claim of this case is justified and it is so decided as per Disposition.

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