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(영문) 대전지방법원 서산지원 2021.03.31 2020가단56839
건물인도
Text

The Defendant, as the Plaintiff

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

B. From 680,00 won and November 16, 2020 above A.

Reasons

1. In full view of the purport of the argument as to the cause of the claim Gap evidence No. 1 through 3, the plaintiff and the defendant entered into a lease agreement (hereinafter "the lease agreement of this case") with respect to the real estate listed in the separate sheet No. 1,00,000 won for lease on December 29, 2017 (hereinafter "real estate of this case"), the lease agreement between January 16, 2018 and January 15, 2020 with respect to the lease deposit of KRW 1,00,000 won for rent, the lease period of KRW 1320,000 for rent, and the lease period of the lease from January 16, 2018 to January 16, 2018, the defendant occupied the real estate of this case and operated a restaurant. Meanwhile, the plaintiff and the defendant, on January 15, 202, paid the following evidence to the defendant for the reason that the lease agreement of this case was renewed, without delay, until 200,00.

According to the above facts, this case’s lease contract was terminated because it reaches the Defendant with proof that the Plaintiff’s expression of intent to terminate the contract on the grounds of delay in rent to the Defendant.

Therefore, the defendant is obligated to deliver the real estate of this case to the plaintiff by reinstatement.

B. From May 16, 2020 to November 15, 2020, the Defendant occupied and operated the instant real estate without paying rent to the Plaintiff and possessed it, and the Plaintiff’s rent of 1780,000 won per month is the same as seen earlier. In ordinary cases, the amount of unfair gains from the possession and use of the instant real estate is the amount equivalent to the rent of the real estate. Thus, from May 16, 2020 to November 15, 2020, the Defendant is the Plaintiff as the owner of the lease deposit of 1,068,00 won (=6 months x 1780,000 won) which the Plaintiff deducted from the Plaintiff.

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