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(영문) 인천지방법원 2017.07.13 2017가단4460
건물인도등
Text

1. The defendant shall be the plaintiff.

(a) Of the buildings listed in the separate sheet, each point is indicated in the separate sheet No. 1, 2, 3, 4, 5, 6, and 1.

Reasons

1. Facts of recognition;

A. On March 22, 2012, the Plaintiff issued an order to the Defendant.

The building mentioned in paragraph (1) (hereinafter referred to as “instant building”) is leased as KRW 40 million, KRW 380,000 per month, KRW 100,000 per month (excluding value-added tax), management expenses, and period from April 1, 2012 to March 30, 2014; thereafter, the building is increased as KRW 430,00 per month (excluding value-added tax) on April 1, 2016, and the period was renewed from April 1, 2016 to March 30, 2017.

(hereinafter “Lease of this case”) b.

The Defendant did not pay rent and management expenses from October 1, 2016, and the Plaintiff notified the Defendant on January 23, 2017, that “The Plaintiff refused to renew the instant lease and demanded to deliver the instant building by March 30, 2017.”

C. After that, the Defendant paid the rent and management fee in arrears until April 30, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4 and 5, the purport of the whole pleadings

2. Since the lease of this case was terminated at the expiration of the term, the defendant is obligated to deliver the building of this case to the plaintiff and pay the plaintiff the amount of unjust enrichment calculated by the ratio of KRW 4,830,000 per month from May 1, 2017 to the completion date of delivery of the building of this case ( KRW 100,000 for management expenses of KRW 4,730,000).

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

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