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(영문) 수원지방법원성남지원 2017.05.19 2016가단16107
건물인도
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

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

(b) 21,750.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On July 1, 2013, the Plaintiff agreed to lease the instant real estate indicated in the separate sheet (hereinafter “instant real estate”) from C, and entered into a lease agreement with C as to the instant real estate.

The lease term is 24 months from the date of payment of balance or occupancy, and deposit is 200,000,000 won per month, and deposit is 50,000 won per month.

B. On October 21, 2013, the Plaintiff decided to sublease the instant real estate to the Defendant, and entered into a sublease contract with the Defendant regarding the instant real estate (hereinafter “instant sublease contract”).

The period of sub-lease is 24 months from the date of the remainder payment or occupancy, deposit is 25,00,000 won, and rent is 2,50,000 won per month.

C. The Defendant paid a security deposit at the time of entering into the instant sub-lease contract, and occupied the instant real estate after being handed over.

The Defendant did not pay 46,750,000 won in total from January 2, 2015 to May 2016.

E. On May 25, 2016, the Plaintiff sent to the Defendant a certificate that the instant sub-lease contract will be terminated, and on May 26, 2016, the Plaintiff reached the Defendant.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. Determination as to the principal lawsuit

A. According to the facts of India’s recognition, since the instant sub-lease contract was lawfully terminated on May 26, 2016, the Defendant is obligated to deliver the instant building to the Plaintiff.

B. According to the facts of recognition of overdue rent and unjust enrichment return, the Defendant is obligated to pay to the Plaintiff unjust enrichment incurred by occupying the instant real estate by not later than the date when delivery of the instant real estate is completed after the overdue rent and termination of the instant sublease contract.

The health account for the rent in arrears, and the deposit shall be secured by the obligation to pay the rent in arrears, and when the lease relationship terminates, it shall be done without a separate declaration of intention, except in extenuating circumstances.

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