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(영문) 제주지방법원 2018.01.19 2017가단57181

건물인도 등

Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the annex 1 list;

(b) Attached Table 1 from July 15, 2017.

Reasons

Basic Facts

A. At the time of August 24, 2007, the Defendant entered into a lease agreement with the non-party company, the owner of the real estate listed in the separate sheet No. 1 (hereinafter “the instant building”) (hereinafter “non-party company”) and with respect to the instant building, a deposit of KRW 10,000,000 per annum, annual rent of KRW 10,000,000, annual rent of KRW 15,000, and the lease period from July 15, 2007 to July 14, 2008. The said lease agreement was renewed every one year thereafter on July 29, 2014, and entered into a lease agreement with the non-party company and the instant building for KRW 10,00,000, annual rent of KRW 11,000,000 (including value-added tax), and from July 15, 2014 to July 14, 2015.

(hereinafter “instant lease agreement”). B.

On September 7, 2016, the Plaintiff purchased the instant building from Nonparty Company and completed the registration of ownership transfer, and succeeded to the lessor’s status of the said lease agreement.

C. On February 8, 2017, the Plaintiff notified the Defendant that the instant lease agreement was terminated on July 14, 2017 and that the Plaintiff had no intention to renew the lease.

Meanwhile, following the conclusion of the instant lease agreement, the Defendant is operating the PC with the permission to conduct the business as stated in the attached Table 2 (hereinafter “instant business permission”).

[Ground of recognition] Fact-finding without dispute, Gap evidence Nos. 1 through 5 (including provisional number), and the facts of recognition as to the ground for the claim of the whole pleadings, barring any special circumstance, the term of lease of the renewed lease contract of this case shall be July 14, 2017. Thus, the lease contract of this case was terminated upon the expiration of the term of lease on July 14, 2017. Thus, the defendant is obligated to deliver the building of this case to the plaintiff and return unjust enrichment equivalent to the rent of KRW 11,00,000 per annum from July 15, 2017 to the completion date of delivery of the building of this case, and to implement the procedure for closure of the business of this case.