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Reasons
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(영문) 수원지방법원안산지원 2015.06.09 2014가단33741
건물인도 등
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1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

(b) from February 2, 2015, entry in the separate sheet is made.

Reasons

1. Facts of recognition;

A. On July 1, 2012, the Plaintiff entered into a lease agreement with the Defendant to lease KRW 15,00,000,000 from July 1, 2012 to June 30, 2014, and the rent amounting to KRW 1,70,000 per month from July 1, 2012 to June 30, 2013, and KRW 1,870,00 per month from July 1, 2013 (hereinafter “instant lease agreement”). Until now, the Defendant operates a business entity that manufactures the electronic control system in the building listed in the attached list.

B. On October 6, 2014, the Defendant failed to pay the rent of the instant lease, and on which October 6, 2014, the Plaintiff sent a certificate of the content that the instant lease was terminated on the grounds of the Defendant’s delinquency in rent, and the said certificate reached the Defendant on October 7, 2014.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 3 (including virtual number), the purport of the whole pleadings

2. Determination

A. 1) According to the facts as to the claim for the delivery of the instant building, the instant lease agreement was lawfully terminated on October 7, 2014, and the Defendant is obligated to deliver to the Plaintiff the building listed in the separate sheet. 2) Since July 1, 2012, the Plaintiff filed a claim for the payment of unjust enrichment equivalent to the rent of KRW 40,970,000 with the Defendant as the deposit for the instant lease agreement, and sought payment of the remaining unjust enrichment equivalent to the rent remaining after deducting the deposit for the instant lease agreement from the Defendant. In light of the above facts, according to the Plaintiff’s claim for unjust enrichment equivalent to the remaining rent, the Defendant is obligated to pay to the Plaintiff the amount calculated at the rate of KRW 1,870,00 per month from February 2, 2015 to the delivery date of the building listed in the separate sheet [15,000,000 won, 30,000 won per 31,2395,201.

B. Determination of the Defendant’s assertion

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