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(영문) 대전지방법원 2019.10.30 2018가단21804
건물인도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the annex;

B. From October 30, 2017, the above buildings were constructed.

Reasons

1. Facts of recognition;

A. On April 19, 2014, the Plaintiff leased real estate indicated in the attached Form to the Defendant as KRW 20,000,000 for lease deposit, and the period from April 19, 2014 to January 26, 2017, and the monthly rent of KRW 2,310,000 for lease.

(hereinafter “instant lease agreement”). B.

The defendant paid only the rent by September 2017, and did not pay the rent thereafter.

C. On October 30, 2018, a duplicate of the complaint of this case, stating an expression of intent to terminate the instant lease agreement on the grounds of delinquency in rent, reaches the Defendant.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. Determination

A. Since the instant lease agreement was terminated on October 30, 2018, the Defendant is obligated to deliver to the Plaintiff the real estate indicated in the attachment to its original state, and pay to the Plaintiff the amount calculated at the rate of KRW 2,310,000 per month from October 30, 2017 to the delivery date of the said real estate, as unjust enrichment equivalent to the rent and rent.

B. The Defendant asserted that he paid monthly rent to C before the instant lawsuit was filed, but there is no evidence to acknowledge that the amount paid to C is a monthly rent to the Plaintiff.

In addition, the defendant argued that the cost equivalent to the pipeline repair cost should be deducted, but no evidence related thereto has been submitted.

3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.

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