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(영문) 수원지방법원안산지원 2016.01.13 2015가단21004

건물명도 등

Text

1. The defendant shall be the plaintiff.

(a) order the 299.2 square meters of the ground floor among the real estate listed in the attached list;

(b) 31,787,485 Won;

Reasons

If the purport of the entire pleadings is added to the statement in Gap evidence Nos. 1 through 7, the plaintiff agreed on September 27, 2013 to change the first underground floor (hereinafter "the commercial building of this case") among the buildings listed in the separate sheet to the defendant on September 27, 2013, into the lease deposit amount of KRW 20,000,000, monthly rent of KRW 2,710,000 (Additional Tax), and the lease period of KRW 10,00 (hereinafter "the above lease contract of this case") from October 11, 2013, the amount in excess of the previous electricity is set at the defendant's expense. The plaintiff and the defendant reached an agreement to change the lease contract of this case from November 2014 to KRW 3,50,00 (Additional Tax), the defendant paid the lease contract of this case to the defendant on July 10, 2015 to KRW 69,530,000,3785,4086,7,786, etc.

According to the above facts, the instant lease agreement was lawfully terminated upon the termination of the Plaintiff’s contract while the Defendant’s delayed delay reaches the amount of two rents, barring any special circumstance, the Defendant is obligated to order the Plaintiff to use the instant commercial building, and to pay the Plaintiff the amount of unjust enrichment equivalent to the rent calculated by the ratio of KRW 31,787,485 in total and electricity rent and electricity rent and the amount of unpaid monthly rent and electricity rent from July 10, 2015 to July 3,850,000 in total from the following day to the completion date of the above life expectancy.

The defendant's assertion that 20,000,000 won out of the unpaid monthly rent was appropriated as a lease deposit by agreement with the plaintiff, and thus, it should be deducted from the plaintiff's claim amount. The plaintiff cannot respond to the plaintiff's claim before settling damages due to interference with the plaintiff's business and investment costs in the commercial building of this case.