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(영문) 인천지방법원 2014.09.17 2014가단26032

건물명도등

Text

1. The defendant shall be the plaintiff.

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

(b) KRW 16,900,000 and this shall be applicable thereto.

Reasons

1. Basic facts

A. On October 22, 2008, the Plaintiff entered into a lease agreement with the Defendant with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) with regard to the lease deposit of KRW 20 million, monthly rent of KRW 1 million, and the lease term of the instant real estate during the period from the delivery date of the instant real estate to October 30, 2010 (hereinafter “instant lease agreement”). The Defendant received the instant real estate from the Plaintiff and operated the secondary management point at the time of its delivery.

B. The Defendant did not pay rent for 14 months and value-added tax for 6 months until June 30, 2013. The Plaintiff notified the Defendant of his intention of termination through the duplicate of the instant complaint. The duplicate of the instant complaint was served on the Defendant on April 23, 2014.

C. The defendant is operating the skin management point in the real estate of this case until now.

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, and 3 (including virtual numbers), the purport of the whole pleadings

2. According to the above findings of the determination as to the cause of the claim, the instant lease contract was lawfully terminated by the Plaintiff’s expression of intent to terminate the lease contract.

Therefore, since the Defendant has used and profit from the instant real estate since the termination of the instant lease agreement, barring any special circumstance, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and to pay the unpaid rent and unjust enrichment equivalent to the rent after the termination of the instant lease agreement. The amount of unjust enrichment equivalent to the rent after the termination of the lease agreement is confirmed as the same amount as the rent during the lease agreement.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.