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(영문) 제주지방법원 2016.06.28 2016가단3262

건물명도등

Text

1. The defendant

(a) Of the 1st floor of the building listed in the separate sheet, the indication of drawings in the annexed sheet 1, 2, 3, 4, 5, 6, 7, 8, and 1.

Reasons

Comprehensively taking account of the overall purport of Gap evidence Nos. 1 and 2 (including various numbers), the plaintiff, the owner of the building listed in the separate sheet, on January 24, 2015, issued a notice to the defendant on January 24, 2015, that the plaintiff, the owner of the building listed in the separate sheet, attached Table Nos. 1, 2, 3, 4, 5, 6, 7, 8, and 1, connected each point in the order of priority among the 1st floor of the building listed in the separate sheet Nos. 102, 30,000 won, annual rent of KRW 4.5 million, and lease period of one year for the lease (hereinafter "the lease contract in this case"), and that the plaintiff, if he wishes to extend the contract to the defendant on February 3, 2016, notified the defendant of the intention to renew the lease contract in this case, and thus, the defendant cannot request the plaintiff to pay the annual rent and its additional expenses.

According to the above facts, the defendant notified the plaintiff that he did not intend to maintain the lease contract of this case and did not perform his duty to pay rent, thereby clarifying his intention to refuse performance. The plaintiff delivered the copy of the complaint of this case on the ground of the defendant's refusal of performance. It is reasonable to deem that the lease contract of this case was terminated by delivery of the copy of the complaint of this case.

Therefore, the Defendant is obligated to deliver the instant No. 102 to the Plaintiff as requested by the Plaintiff, and to pay the remainder of unpaid rent or unjust enrichment after deducting from the deposit as requested by the Plaintiff, which is 375,000 won per month from March 25, 2016 to the completion date of delivery under the instant 102 (=4.5 million won ± 12).

The defendant could not normally use and benefit from the head of this case due to mycoin.