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(영문) 춘천지방법원 강릉지원 2018.04.03 2017가합30784

건물명도(인도)

Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

(b) from April 21, 2017, entry in the separate sheet.

Reasons

1. Basic facts

A. On November 25, 2016, the Plaintiff: (a) purchased real estate listed in the attached list (the part corresponding to the whole of the first floor, the second floor, and the third floor among the fourth-story buildings in Gangseo-si B; hereinafter “instant building”); (b) KRW 200 million (the amount of KRW 20 million in the contract, the amount of KRW 80 million shall be paid in January 16, 2017, respectively on February 15, 2017); (c) KRW 19 million in the rent (the payment on February 15, 2017), and the lease period from February 15, 2017 to February 14, 2020 (hereinafter “instant lease agreement”).

The Defendant leased the instant building for the purpose of the sales office.

B. Since the Defendant received delivery of the instant building from around April 21, 2017, the Defendant used it as a sales office which is the purpose of the instant lease agreement to the present day.

C. 1) Article 3 of the instant lease agreement states, “If a lessee fails to pay a rent for a period of three years or violates Article 3, a lessor may immediately terminate the instant lease agreement.” (2) The Defendant did not pay in full KRW 100 million out of the lease deposit under the instant lease agreement, and the Plaintiff expressed his/her intent to terminate the instant lease agreement on August 9, 2017 on the ground that the overdue rent falls short of the three-year overdue rent, and such declaration of intention reaches the Defendant’s business.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 3, 4, and 5, and the purport of the whole pleadings

2. Determination

A. (1) According to the facts found in Section 1, prior to the judgment on the cause of the claim, the instant lease agreement was terminated and terminated around August 9, 2017. Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff. Therefore, in determining the rent or the claim for return of unjust enrichment, first of all, the lower court’s determination on the claim for return of unjust enrichment was based on the instant lease agreement, and the Defendant’s delivery of the instant building on April 21, 2017.