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(영문) 수원지방법원 평택지원 2018.06.05 2017가단8628 (1)
건물명도, 임대로
Text

1. The Defendant (Counterclaim Plaintiff) shall deliver to the Plaintiff (Counterclaim Defendant) the building indicated in the separate sheet from August 2, 2017.

Reasons

1. The Plaintiff entered into a lease agreement with the Defendant on March 1, 2017 with respect to a building listed in the separate sheet (hereinafter “instant building”) from March 1, 2017 to March 1, 2019, with a lease term of KRW 10,000,000 for the lease deposit, monthly rent of KRW 1,100,000 (hereinafter “instant lease agreement”). The Defendant paid the Plaintiff KRW 5,00,000 among the lease deposit, and agreed to pay the Plaintiff KRW 5,00,000,000 to the Plaintiff by September 1, 2017, it is evident that the Plaintiff did not pay the remainder of the lease deposit to the Plaintiff by up to 5,00,000,000,000 for the remainder of the lease deposit and the Plaintiff did not pay a duplicate of the lease deposit under the instant lease agreement from March 1, 207 to September 1, 207.

According to this, the lease contract of this case was terminated on the ground of the defendant's non-performance of obligation to pay lease deposit.

Therefore, the defendant is obligated to deliver the building of this case to the plaintiff and pay the amount calculated by the ratio of KRW 1,100,000 per month from August 2, 2017 to the completion date of delivery of the building of this case with unjust enrichment equivalent to overdue rent or rent.

Therefore, the plaintiff's main claim is reasonable.

2. Judgment on the defendant's counterclaim

A. The plaintiff alleged by the defendant did not perform his duty to repair the building of this case to allow the defendant to use the building of this case according to the purpose of lease, and as a result, the rainwater was collected from the building of this case at the end of July 2017 and damaged the clothes stored by the defendant in the building of this case.

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