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(영문) 수원지방법원 성남지원 2018.10.05 2018가단3068
건물인도
Text

1. The defendant shall be the plaintiff.

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

(b) KRW 2,200,000 and as regards it,

Reasons

On November 4, 2017, the Plaintiff leased real estate listed in the separate sheet (hereinafter referred to as “instant building”) to the Defendant on the condition that deposit KRW 10,000,000, monthly rent of KRW 1,100,000, and the lease period of KRW 1,100,000, and November 11, 2017 through November 10, 2018; the Defendant was handed over the instant building from the Plaintiff; the Defendant delayed payment of KRW 2,200,000 for two months as stipulated in the said lease agreement until March 9, 2018; the Plaintiff occupied the instant building without paying the rent from March 10, 2018; the Plaintiff, on the ground that the Defendant’s delayed payment was terminated on the ground that there was no dispute between the parties at the time of the termination of the said lease agreement, or the purport of the entire pleadings can be acknowledged by comprehensively taking into account the following facts:

According to the above facts, since the above lease contract was lawfully terminated, the defendant is obligated to deliver the building of this case to the plaintiff, and ② to pay damages for delay calculated at the rate of 15% per annum from March 10, 2018 to the day of complete payment, which is clear from March 10, 2018 to the day of complete payment, to which the copy of the complaint of this case was served to the defendant, and ③ to pay the amount of unjust enrichment equivalent to the rent calculated at the rate of 1,10,000 won per month from March 10, 2018 to the day of complete delivery of this case.

On the other hand, the defendant asserts that the plaintiff cannot terminate the above lease on the ground that the total amount of the rent in arrears does not exceed the lease deposit. However, it is possible for the lessee to refuse to pay the rent or be exempted from liability for default due to the fact that the lessee is guaranteed all the obligations of the lessee arising from the lease relationship, such as the overdue rent, with the lease deposit paid to the lessor at the time of entering into the lease contract.

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