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(영문) 인천지방법원부천지원 2019.01.25 2018가단12133
건물인도
Text

1. The Defendant shall from November 14, 2018 to the completion date of delivery of the building indicated in the separate sheet from KRW 20,000,000 to KRW 20,000.

Reasons

1. Facts of recognition;

A. On July 14, 2017, the Plaintiff entered into a lease agreement with the Defendant and the instant building with the terms of KRW 20,000,000, monthly rent of KRW 650,000 (after payment, the 13th day of each month), and the term of lease from July 14, 2017 to July 13, 2019 (hereinafter “the instant lease agreement”).

B. The Plaintiff delivered the instant building to the Defendant according to the instant lease, and the Defendant paid KRW 20,000,000 to the Plaintiff.

C. From April 14, 2018 to November 13, 2018, the Defendant paid to the Plaintiff the sum of KRW 3,900,000,000 as of November 1, 2018, and paid the Plaintiff money equivalent to the rent from April 14, 2018 to November 13, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. Plaintiff’s assertion 1) Since the lease of this case was terminated on the grounds of the Defendant’s delinquency in rent, the Defendant is obligated to deliver the building of this case to the Plaintiff and pay rent and unjust enrichment calculated by the ratio of KRW 650,00 per month from April 14, 2018 to the completion date of delivery of the building of this case. 2) The Defendant’s nonperformance of the Defendant’s obligation to rent and terminate the lease of this case, thereby causing damages to the Plaintiff, i.e., damages of KRW 575,280, the difference arising from earlier termination of the lease of this case’s brokerage fee of the lease of this case, and financial products purchased as the deposit for the lease of this case, and thus, the Defendant is obligated to compensate the Plaintiff for the damages of KRW 875,280,00 (= KRW 300,0005,280).

B. On October 16, 2018, the fact that the duplicate of the complaint of this case, stating the Plaintiff’s declaration of intent to terminate the lease of this case on the ground of the overdue rent of at least two occasions of the Defendant 1’s decision on the claim for delivery of buildings, rent, etc., reaches the Defendant on October 16, 2018 is apparent, and the lease of this case was terminated on October 16, 2018.

b) the Commission;

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