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(영문) 서울남부지방법원 2017.10.13 2017가단14233

건물명도 등

Text

1. The defendant shall be the plaintiff.

(a) deliver a 165.54 square meter and a 89.4 square meter per floor among the real estate listed in the attached list;

(b)2.2.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 2 and 4 as to the cause of the claim, the plaintiff, on September 30, 201, leased the whole of the first floor and the underground floor (hereinafter "the real estate of this case") among the real estate listed in the separate sheet to the defendant on September 30, 201, with a deposit of KRW 30 million, monthly rent of KRW 1.2 million, management fee of KRW 30,000,000, and period from October 30, 2011 to October 29, 2012. The plaintiff and the defendant, on October 28, 2014, purchased the lease contract of this case from 20,000,000 won, monthly rent of KRW 127,000,000,0000, monthly rent of KRW 30,000,0000 to 20,000,0000.

According to the above facts, the above lease contract was lawfully terminated on June 26, 2017 by the Plaintiff’s expression of intention of termination.

Therefore, barring special circumstances, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and pay the rent, management fee, or unjust enrichment from May 1, 2017 to the time the delivery of the instant real estate is completed.

2. The Defendant’s defense, etc. paid the premium of KRW 15 million to the previous tenants at the time of the lease of the instant real estate, and paid the beneficial cost of KRW 40 million, including electric facilities and urban gas installation, etc., which led to the instant case before receiving the said premium.