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(영문) 서울남부지방법원 2016.01.13 2015가단218369

건물명도

Text

1. The defendant shall be the plaintiff.

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

Reasons

1. Basic facts

A. A. Around August 2007, the Plaintiff leased the part as indicated in Paragraph 1 of the Disposition (hereinafter “instant store”) out of the real estate listed in the attached list owned by the Plaintiff to the Defendant, without deposit, at KRW 3.5 million per month.

(hereinafter “instant lease agreement”). B.

On August 31, 2009, the Plaintiff and the Defendant changed the deposit amount to 2 million won and 3.4.6 million won per month under the instant lease agreement, respectively, and set the lease period to 1 year, and the Defendant paid 2 million won to the Plaintiff on August 31, 2009.

The instant lease agreement continues to be renewed thereafter, and thereafter, was increased to 3.5 million won per month from September 2013. The Defendant paid to the Plaintiff a deposit of KRW 10 million on September 1, 2013, and the deposit of the instant lease agreement was KRW 12 million.

C. As the Defendant was in arrears with more than two occasions, the Plaintiff filed the instant lawsuit with the Defendant on the grounds of the rent delay, claiming the termination of the lease contract and the delivery of the instant store and the return of unjust enrichment. The duplicate of the instant complaint was served on the Defendant on June 11, 2015.

[Reasons for Recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1-1, Eul 2, 2-9 evidence, and the purport of the whole pleadings

2. According to the facts of the determination on the claim for the delivery of a store, the instant lease was lawfully terminated upon the delivery to the Defendant of the instant complaint containing the purport of the Plaintiff’s intent to terminate the contract on the grounds of rent delay.

Therefore, the defendant is obligated to deliver the instant store to the plaintiff.

3. Determination on the claim for monetary payment

A. (1) The Plaintiff’s assertion (1) as of May 31, 2015, the Defendant delayed the rent of KRW 10.6 million out of the rent from August 2007 to December 2008; ② KRW 3.5 million of the rent on August 2009; ③ KRW 3.466,000 of the rent on August 8, 2012; ④ KRW 2,5580,000 of the rent from July 2014 to May 2015; and on June 1, 2015, the Defendant delayed the rent of KRW 2,558,000 of the rent. < Amended by Act No. 13337, Jun. 1, 2015>