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(영문) 인천지방법원 부천지원 2018.11.29 2018가단109877

건물명도(인도)

Text

1. The Defendants:

A. At the same time, the Plaintiff received KRW 25,00,000 from the five floors of the real estate listed in the attached Table 1.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation operating a D store located in Seocheon-si, D (hereinafter “D store”), and on March 1, 2013, the Plaintiff leased to the Defendants a lease period of 176.9 square meters (hereinafter “instant store”) on the part (a) inside the ship connecting each point of the No. 2 Map No. 1, 2, 3, 4, 5, 6, and 1 among the 5 floors D stores, in sequence, among the five floors of D stores, by setting the lease period of one year.

(hereinafter referred to as “instant lease agreement”). (b)

The lease contract of this case was renewed four times, and the contents thereof are as follows:

[C] The lease term of KRW 11% of the net sales from March 1, 2013 to February 28, 2014, KRW 10% of the monthly rent, KRW 25,000,00 of the monthly net sales from March 1, 2014 to February 28, 2015, KRW 25,000,00 of the net sales from March 1, 2015 to February 29, 2016, KRW 11% of the net sales from March 1, 2015 to February 25, 200,000, KRW 11% of the net sales from March 1, 2016 to February 29, 200, KRW 25,000,000 of the net sales from March 1, 20 to February 28, 2017, KRW 10 to May 18, 2017

C. On January 26, 2018, the Plaintiff notified the Defendants of their intent to refuse to renew the instant lease agreement.

In calculating unjust enrichment from the termination of a contract under the instant lease agreement, the monthly rent was agreed to be the lower of the average monthly rent and the monthly rent for the three months before the termination of the contract during the three-month period prior to the termination of the contract. The average monthly rent for the one-year period prior to the termination of the contract in this case is KRW 1,009,853, and the average monthly rent for the three-month period prior to the termination of the contract in this case is KRW 97,427.

[Ground of recognition] Facts without dispute, Gap evidence 3, Gap evidence 4-1, Gap evidence 6, Gap evidence 7, Gap evidence 8-1 through 4, the purport of whole pleadings

2. According to the above findings of the determination as to the cause of the claim, the instant lease agreement was terminated on February 28, 2018 as the expiration of the period.

Therefore, the Defendants are obligated to deliver the instant store to the Plaintiff at the same time with the Plaintiff’s deposit of KRW 25,00,000,000, barring any special circumstances, and the Defendants jointly seek the Plaintiff.