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(영문) 인천지방법원 2019.06.05 2018가단26979
건물명도등
Text

1. The defendant delivers the building indicated in the attached Form to the plaintiff, and from February 15, 2019 to the delivery date of the above building, 1,500.

Reasons

1. Facts of recognition;

A. On March 15, 2018, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant to lease the building, as indicated in the separate sheet owned by the Plaintiff (hereinafter “instant leased building”) from March 15, 2018 to March 14, 2020, with a deposit amount of KRW 20 million, monthly rent of KRW 1.5 million (payment on March 15, 201).

According to the above contract, the plaintiff can terminate the lease contract if the defendant is in arrears to reach the amount of rent for the second period.

B. On March 2018, the Defendant unpaid the rent of KRW 1,00,00,000,000, and the rent of KRW 6,70,000, and on August 24, 2018, the Plaintiff sent to the Defendant a document certifying that the lease contract is terminated on the grounds of the Defendant’s unpaid rent.

C. As of the closing date of pleadings, the Defendant paid part of the tea, and was paid the tea from February 14, 2019 as of the closing date of pleadings.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 7, the purport of the whole pleadings

2. Determination

A. According to the above facts, the Plaintiff sent a document verifying the termination of the instant lease agreement on the grounds of the unpaid rent for at least two years, and the said mail is presumed to have been served on the Defendant around that time. Thus, the instant lease agreement was terminated upon the notice of termination.

Therefore, the Defendant is obligated to deliver the leased building of this case to the Plaintiff and pay the amount calculated by the rate of KRW 1.5 million per month from February 15, 2019 to the delivery date of the building as unjust enrichment equivalent to the rent.

B. On this point, the defendant asserts that since the home system repair cost of one million won and the distribution cost at the time of occupancy were deducted from the rent, the plaintiff did not pay the rent, and that the termination of the plaintiff's lease contract is unjust.

However, the Plaintiff and the Defendant agreed to deduct the cost of repair of the Home System from the rent the cost of KRW 1 million and the distribution of the Home System.

The defendant's assertion has no evidence to prove that the defendant paid the above costs.

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