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(영문) 서울북부지방법원 2015.07.21 2015가단4235

건물인도

Text

1. The defendant shall be the plaintiff.

(a) Indication 1, 2, 3, 4, 4. of the annexed drawings among the first floor of the real estate indicated in the annexed real estate.

Reasons

1. In full view of the statement in Gap evidence Nos. 1 through 8 and the purport of the entire pleadings as to the cause of the claim, it can be acknowledged that the plaintiff, on October 15, 2008, leased the instant store by setting the lease deposit amount of KRW 5 million, monthly rent of KRW 500,000,000, and the lease term of October 15, 2010 (hereinafter referred to as the "lease"), the lease contract of this case has been renewed until now, the fact that the instant lease contract has not been renewed, the rent and the electricity rent of KRW 38,310 after July 15, 2014, and the fact that the plaintiff notified the defendant that the lease contract of this case was terminated on the ground of rent of more than two years through the complaint of this case.

According to the above facts, since the lease contract of this case concerning the store of this case was lawfully terminated by the delivery of a copy of the complaint of this case containing the expression of intent of termination, barring any special circumstance, the defendant is obligated to deliver the store of this case to the plaintiff, and to pay 38,310 won per month and 500,000 won per month with the amount of money in proportion to the rent or unjust enrichment equivalent to the rent after July 15, 2014.

2. The defendant's defense is defense that the defendant cannot deliver the store of this case until he/she receives a refund of the remaining 3,217,950 won after deducting 1,782,050 won in arrears from 5 million won of the deposit of this case, since the defendant paid a total of 35,217,950 won to the plaintiff as rent, and there is no evidence to support the fact that the defendant paid 3,510,000 won to the plaintiff from 15,208 to 2014,000 won x 3,510 won from 3,510 won, but from 3,510,000 won to 3,510 won x 2,510 won from 15,000 won x 2,5100 won from 2,0000 won until 2,0000 won x 3,510,000 won from 2,515.201