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(영문) 창원지방법원진주지원 2020.10.20 2020가단31810
건물인도
Text

The Defendant, as the Plaintiff

(a) deliver the second floor of 150.34 square meters among the real estate listed in the attached list;

(b) 400,000 won and this;

Reasons

According to the purport of Gap evidence Nos. 1 and 2 and the whole arguments, Eul concluded a lease agreement with the defendant on December 11, 2017 with regard to the second floor (hereinafter "the building of this case") among the real estate listed in the attached Table Nos. 1 and 2 (hereinafter "the building of this case"), with the term of contract of KRW 5 million and KRW 900,000,000,000,000,000 (hereinafter "the lease contract of this case"). The defendant around that time paid the above deposit to the plaintiff, and occupied and used the building of this case after delivery to the plaintiff, and the plaintiff as the wife of Eul owned and owned the whole building of the building of this case after completing the registration of ownership transfer on the ground of donation as to each one/2 share of each building of the attached Table No. 31 and September 19, 2019, and the defendant was in arrears from September 2019.

According to the above facts, the two-year contract period stipulated in the instant lease agreement has already expired, and the defendant was in arrears for at least three months as the monthly rent stipulated in the instant lease agreement.

In addition, it is evident that the copy of the complaint of this case, which the plaintiff succeeded to the lease contract of this case, declared to terminate the lease contract of this case on the ground thereof, was delivered to the defendant on March 2, 2020.

Therefore, the defendant is obligated to deliver the building of this case to the plaintiff.

In addition, the defendant is in arrears with the monthly rent from August 2019. On the other hand, even after the termination of the instant lease contract, he/she has continuously occupied and used the instant real estate for its original purpose, thereby making unjust enrichment equivalent to the monthly rent, and incurred damages equivalent to the same amount to the plaintiffs. The defendant, from September 3, 2019 to February 2020, after deducting the deposit amount of KRW 5 million from the delayed rent for six months or the amount of unjust enrichment equivalent to the monthly rent for six months from February 2020 (=90,000 won x 6 months) and the following day after deducting the deposit amount of KRW 5 million from the service of a copy of the complaint of this case.

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