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(영문) 창원지방법원진주지원 2014.12.17 2014가단3128
건물명도 등
Text

1. The defendant shall order each point of the attached Form 2, 3, 7, 6, and 2 among the buildings listed in the attached Table list to the plaintiff.

Reasons

1. Basic facts

A. A. Since around 1994, C was the Defendant’s husband, and used the instant building as a shop for electrical equipment business by leasing it from the Plaintiff, and had maintained the lease relationship by changing the lease deposit (the first KRW 30 million was reduced to KRW 10 million), monthly rent, etc.

B. On February 22, 2012, the Plaintiff entered into a lease agreement with the Defendant on the instant building owned by the Plaintiff (hereinafter “instant contract”) between the lease deposit amounting to KRW 10 million, monthly renting to KRW 550,000,000, and the lease period from March 1, 2012 to February 29, 2014 (hereinafter “the lease deposit is not deemed to have been paid separately at the time of entering into the instant contract), and the Defendant has occupied and used the instant building in accordance with the instant contract.

C. From February 2013, the Defendant did not pay the Plaintiff the monthly rent under the instant contract.

On July 10, 2014, the Plaintiff notified the Defendant of his intention to terminate the instant contract on the grounds of the Defendant’s delayed delay.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 5, Eul evidence 1, the purport of the whole pleadings

2. According to the facts of the judgment as to the cause of the claim, the instant lease agreement is deemed to have been lawfully terminated by the Plaintiff’s declaration of termination on the ground of the Defendant’s delay of rent.

Therefore, barring special circumstances, the Defendant is obligated to deliver the instant building to the Plaintiff, and to pay the Plaintiff the monthly rent of KRW 1.65 million from February 2013 to April of the same year (i.e., KRW 550,000 x 3 months) and the amount of money at the rate of KRW 550,000 per month from May 1, 2013 to the completion date of the delivery of the instant building as unjust enrichment.

3. Determination as to the defendant's assertion

A. Defendant’s assertion 1) The Plaintiff is obligated to return the lease deposit amount of KRW 10 million to the Defendant. 2) From 2006 to 2006, the sewage of the instant building could not be used due to the defect in the toilet.

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