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(영문) 인천지방법원부천지원 2016.11.23 2016가단9720
건물인도등
Text

1. The defendant shall pay 15,960,000 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. Facts of recognition;

A. On February 25, 2014, the Plaintiff leased a commercial building owned by the Plaintiff (hereinafter “instant building”) to the Defendant for a fixed period from February 25, 2014 to February 24, 2014, for a deposit of KRW 20 million, monthly rent of KRW 1.3 million (payment on February 25, 201), and the period from February 25, 2014.

B. Around that time, the Defendant paid KRW 5 million out of the lease deposit to the Plaintiff, and occupied and used the instant building for the use of dental clinics.

C. On June 2015, the Defendant discontinued a dental clinic and delayed the payment of the rent from May 26, 2015, and the Plaintiff did not pay 160,000 won of the public charge separately from the rent.

In addition, even after the closure of business and the expiration of the lease term, the Defendant continued to occupy the instant building by managing it through D, which is a branch, without leaving some medical devices, office fixtures, etc. on the instant building as it is.

On April 6, 2016, the Plaintiff notified the Defendant that he/she is in arrears until April 15, 2016, and notified the Defendant of his/her intention to terminate the lease contract if he/she fails to perform the contract within the given period, and then notified the Plaintiff of his/her intention to terminate the lease contract again through the instant complaint.

E. On September 27, 2016, the Plaintiff leased the instant building to a third party and took out the Defendant’s office fixtures, etc., and received delivery of the instant building.

[Grounds for recognition] Unsatisfy, Gap 1-1 evidence, the purport of the whole pleadings

2. According to the above facts of recognition, the Defendant paid to the Plaintiff KRW 20,960,000,000,000 for about 16 months from May 26, 2015 to September 27, 2016 (=1.3 million won x 16 months) and KRW 20,960,000,00 for public charges in arrears. However, if the leased deposit is offset by the refund claim of KRW 5 million, the Defendant remains 15,960,000,000,000 for the leased deposit.

Therefore, the defendant is obligated to pay KRW 15960,00 to the plaintiff.

3...

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