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(영문) 창원지방법원 진주지원 2018.10.18 2018가단2864
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver 97.75 square meters underground among the buildings listed in the attached list;

(b) KRW 8,100,000 and April 2018.

Reasons

In addition to the purport of each statement in Gap evidence Nos. 1 through 5 (including branch numbers), the plaintiff entered into a lease agreement with the defendant on November 25, 2013, setting the lease deposit amount of KRW 20 million for the building of this case, KRW 80,000 for the monthly rent, and KRW 300,000 for the lease term from November 30, 2013 to November 30, 2016. The defendant used the building of this case from around that time. The defendant used the building of this case from May 1, 2015 to April 30, 2018. The plaintiff paid the above lease agreement amount of KRW 20,70,000 for 36 months (total rent of KRW 36 months: 28,80,000 for the total rent of the defendant). The plaintiff can be acknowledged as terminating the lease agreement of this case on the ground that the defendant's delayed rent of two years was expressed as a duplicate of the complaint of this case.

According to the above facts, since the above lease contract was terminated, the defendant is obligated to deliver the building of this case to the plaintiff, and the defendant is obligated to return unjust enrichment equivalent to the rent calculated by the ratio of KRW 8,100,000 per month from May 1, 2018 to the completion date of delivery of the building of this case.

Therefore, the plaintiff's claim is justified 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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