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(영문) 수원지방법원여주지원 2015.02.12 2014가단7980

건물명도

Text

1. On the Plaintiff (Counterclaim Defendant),

A. The Defendant (Counterclaim) delivers the real estate indicated in the attached Form, and B.

Reasons

1. Basic facts

A. On March 9, 2004, the Plaintiff completed the registration of ownership transfer with respect to the real estate indicated in the [Attachment] and 961m2 on the ground of sale on February 3, 2004.

B. On August 5, 2005, the Plaintiff entered into a lease agreement (hereinafter “the lease agreement of this case”) with the Defendants on the lease of five million won, the lease period from August 8, 2005 to August 7, 2008, the rent of KRW 2.5 million per month, the rent of KRW 2.5 million per month, and the rent of KRW 961 square meters per month as of the end of each month, and the rent of KRW 5 million from the Defendants to August 8, 2005 (hereinafter “the lease agreement of this case”). (The lease agreement of this case was agreed to change the rent of KRW 1.98 million from August 8, 2005 to February 28, 2006).

The Defendants around that time operated a gas station with the trade name “E gas station” from the leased object of this case after receiving the lease object of this case from the Plaintiff.

C. The instant lease contract was explicitly renewed, and around March 2014, the Defendants notified the Plaintiff of the termination of the instant lease contract.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 2, the purport of the whole pleadings

2. We examine the principal lawsuit and counterclaim.

가. 피고들의 원고에 대한 인도 및 차임 내지 차임 상당의 부당이득금 지급의무에 관한 판단 ⑴ 원고의 주장 ㈎ 원고는 피고들과 사이에 이 사건 임대차 계약을 체결하면서, 2005. 8. 31.까지의 차임은 1,533,000원(= 200만 원 × 23일/30일, 천 원 미만 버림), 2005. 9. 1.부터 2006. 2. 28.까지의 차임은 월 200만 원, 그 이후 차임은 월 250만 원으로 각 약정하였다.

However, the Defendants only paid a part of the rent to the Plaintiff by February 28, 2014 as follows.

5. The term of this section.