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(영문) 대구지방법원서부지원 2016.06.16 2015가단39719

건물명도

Text

1. The defendant shall be the plaintiff.

A. At the same time, the building indicated in the separate sheet is paid KRW 5,000,000 from the Plaintiff.

Reasons

1. Basic facts

A. On November 24, 2010, the Plaintiff leased the building indicated in the attached list (hereinafter “instant building”) and its second floor to the Defendant with the deposit amount of KRW 5 million, monthly rent of KRW 1.2 million, and the lease period of 12 months.

B. After that, on November 24, 201, the expiration date of the above lease period, the Plaintiff and the Defendant terminated the lease contract on the above second floor, and concluded a lease contract with the deposit amount of KRW 5 million, monthly rent of KRW 1 million, and the lease contract with the lease period of 12 months for the instant building.

(hereinafter “instant lease agreement”). C.

Meanwhile, the instant lease contract was renewed and its term of lease was extended until November 24, 2015, and the Defendant did not pay monthly rent from July 24, 2015.

Accordingly, on November 10, 2015, the Plaintiff sent to the Defendant a certificate of content that the instant lease contract is terminated on the grounds of the delayed period of at least four years, and the said certificate reaches the Defendant on November 11, 2015.

E. On the other hand, on November 13, 2015, the Defendant paid 4 million won unpaid monthly rent to the Plaintiff, and demanded renewal of the instant lease agreement pursuant to Article 10 of the Commercial Building Lease Protection Act.

[Reasons for Recognition] Unsatisfy, Gap evidence 2 through 3, 6, Eul evidence 1, the purport of the whole pleadings

2. Determination

A. According to the facts found in the judgment on the cause of the claim, since the instant lease agreement was terminated on November 11, 2015 by the Plaintiff’s declaration of intent to terminate the lease agreement on the ground of at least four years of grace period, the Defendant, upon the Plaintiff’s request, delivered the instant building to the Plaintiff by restitution, while delivering the instant building to the Plaintiff by way of restitution. After final payment of the amount of unjust enrichment equivalent to the rent or rent, the Defendant’s unjust enrichment equivalent to the rent calculated by the ratio of KRW 1 million per month from March 24, 2016 to the date the delivery of the instant building is completed.