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(영문) 인천지방법원 부천지원 2017.03.23 2017가단10
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) Annex 1, 2, 3, 4.2, among the real estate underground of 78.60 square meters listed in the attached drawing.

Reasons

1.The following facts of recognition do not conflict between the Parties:

On June 20, 2014, the Defendant entered into a lease agreement with the Plaintiff on the leased deposit of KRW 3 million and KRW 230,000 per month for residential facilities on the part (B) of the ship (hereinafter “instant building”) connected each point, in sequence of Section 1, 2, 3, 4, 1, and 1,000 square meters in the attached drawings, among the real estate underground of 78.60 square meters listed in the attached drawings owned by the Plaintiff, and leased the instant building from the Plaintiff.

B. From August 2015, the Defendant did not pay the rent up to the date, and as a result, the amount of KRW 3 million of the lease deposit was deducted from the overdue rent and the public charges in arrears as of August 28, 2016, and all of them terminated.

C. On November 29, 2016, the Plaintiff terminated the instant lease agreement.

2. According to the above facts of determination, since the instant lease contract was terminated upon termination, the Defendant is obligated to deliver the instant building to the Plaintiff and return unjust enrichment equivalent to the rent or the rent, calculated by the ratio of KRW 230,000 per month from September 28, 2016 to the completion date of delivery of the instant building.

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.

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