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(영문) 대전지방법원 2017.05.25 2016가단28641

건물명도

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1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) The indication of the attached drawings among the first floor of the real estate stated in the attached Form;

Reasons

1. Facts of recognition;

A. On August 17, 201, C entered into a lease agreement between the Defendant and indicated in the annexed Form No. 1, 2, 3, 4, and 40 square meters inboard (hereinafter “instant commercial building”) in order to connect each point of the real estate as indicated in the annexed Form No. 1, 2, 3, and 1,000,000, monthly rent of KRW 1,000,000, and the term of lease from September 20, 201 to September 19, 2013. The Defendant occupied and used the instant commercial building from around that time.

B. On October 8, 2012, the Plaintiff purchased the building including the instant commercial building from C and completed the registration of ownership transfer, and subsequently succeeded to the lease agreement between C and the Defendant on the instant commercial building, thereby changing the lessor’s name of the lease agreement prepared by C and the Defendant to the Plaintiff.

C. On June 8, 2015, the Plaintiff sent to the Defendant a content-certified mail stating that the lease contract will be maintained only until September 20, 2016, when the five-year lease period for the instant commercial building was five years. On May 25, 2016, the Plaintiff sent a content-certified mail demanding the delivery of the instant commercial building until September 20, 2016, because the five-year lease period expires, the Plaintiff did not want the renewal of the contract. The Plaintiff sent a content-certified mail stating the contents similar thereto on June 2, 2016.

The defendant does not pay rent from September 23, 2016.

[Reasons for Recognition] Each entry of Gap's evidence Nos. 1 and 4, the purport of the whole pleadings

2. Determination

A. According to the facts of the judgment on the principal lawsuit, the lease contract between the Plaintiff and the Defendant on the instant commercial building was terminated on September 19, 2016, and thus, the Defendant is obligated to deliver the instant commercial building to the Plaintiff.

In addition, since the Defendant did not pay rent from September 23, 2016, the Defendant is obligated to pay the Plaintiff the amount of unjust enrichment equivalent to the rent of KRW 1,00,000 per month calculated from September 23, 2016 to the date of delivery of the instant commercial building.

B. Judgment on the counterclaim (1) The defendant is the plaintiff.