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(영문) 서울중앙지방법원 2018.07.24 2017가단5148708

건물명도(인도)

Text

1. From 600,000,000 to 600,000 won, the Defendant shall from July 1, 2018 to the completion date of delivery of the building as indicated in the separate sheet.

Reasons

1. Facts of recognition;

A. On May 25, 2016, the relevant Plaintiff purchased a building listed in the separate sheet (hereinafter “instant building”) from B and completed the registration of ownership transfer on May 31, 2016.

The Defendant leased the instant building (1st floor 454.24 square meters and 2nd floor 461.22 square meters) from B, the former owner of the instant building.

B. A lease agreement was concluded and a lease agreement was concluded between the India B and the Defendant regarding the instant building; KRW 65,000,000 per month for the first three years; KRW 37,000 per month thereafter; and KRW 37,000,000 per month for the subsequent three years; and from July 1, 2012 to June 30, 2017.

The defendant paid a deposit of KRW 600 million to construct part of the building of this case, and has been operating a provisional purchase house while occupying the building of this case until now.

On May 31, 2016, the Plaintiff concluded a modified contract with the Defendant and succeeded to the rights and obligations of the former lessor.

C. Upon the expiration of the five-year lease agreement, the Plaintiff notified the Defendant of his/her intention to renew the contract or to renew the contract several times from February 2, 2017 to May 2017, according to Daom. Accordingly, the instant lease agreement was lawfully terminated on June 30, 2017.

The defendant paid all monthly rent and management expenses until June 30, 2018.

[Reasons for Recognition: Facts without dispute, Gap1 through 21, each entry and video set forth in Eul 70 through 72, Eul's testimony and the purport of whole pleadings]

2. The defendant's duty to deliver and pay the amount of unjust enrichment equivalent to the rent;

A. Since the instant lease agreement was lawfully terminated on June 30, 2017 due to the expiration of the period, the Defendant is obligated to deliver the instant building to the Plaintiff and pay the Plaintiff the amount of unjust enrichment equivalent to the rent in proportion to KRW 37,00,000 per month from July 1, 2018 to the completion date of delivery of the instant building.

(b).