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(영문) 인천지방법원부천지원 2019.06.19 2019가단2041
건물인도
Text

1. The defendant shall be the plaintiff.

(a) deliver a building indicating the attached real estate;

B. 60,400,000 won and April 1, 2019

Reasons

Around August 31, 2016, the Plaintiff leased the building indicated in the order to the Defendant with a deposit of KRW 80,00,000 won, monthly rent of KRW 88,80,000 (including value-added tax), and the period from October 1, 2016 to September 30, 2021. Article 4 of the above lease agreement provides that the Plaintiff may immediately terminate the lease agreement if the annual rent of the Defendant falls short of the two rental periods. Meanwhile, the fact that the Defendant delayed the lease from August 1, 2018 is without dispute between the parties, and the fact that the duplicate of the complaint stated in the Plaintiff’s declaration of termination of the lease agreement was delivered to the Defendant on February 27, 2019 on the grounds of the Defendant’s delayed rent is apparent in the record. Accordingly, according to the above recognition agreement, the above lease agreement was lawfully terminated on the grounds of the Defendant’s delayed delay on February 27, 2019.

However, there is no dispute between the parties on March 15, 2019, the Defendant, following the filing of the lawsuit, paid KRW 60,400,000 to the Plaintiff during the overdue rent. Accordingly, the Defendant is obligated to deliver the said building to the Plaintiff, and to return unjust enrichment equivalent to the rent of KRW 70,40,000 from August 1, 2018 to March 31, 2019 to the aggregate of the rent and the rent of KRW 7,040,00,000 (= KRW 8,800,000 to KRW 88,000,000 from April 1, 2019 to the delivery date of the said building.

Therefore, the plaintiff's claim is partially accepted within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

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