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(영문) 서울동부지방법원 2015.05.29 2015가단3625

건물명도 등

Text

1. The defendant shall be the plaintiff.

A. Of the land floors of 82.09 square meters among the buildings listed in the attached Table list, indication 1, 2, 5, 6, 1 of the attached Form.

Reasons

Facts of recognition

Comprehensively taking account of the respective descriptions and arguments in Gap 1-4, the Plaintiff entered into a lease agreement with the defendant on December 2, 2006, with the following: (a) the Plaintiff, among the 82.09 square meters of land on the land of the building indicated in the separate sheet, to which the Plaintiff attached Nos. 1, 2, 5, 6, and 1 are linked in sequence to the Defendant; (b) lease deposit amount of KRW 3 million, monthly rent of KRW 200,000,000; and (c) the lease agreement was renewed after December 31, 2006; and (d) the Plaintiff and the Defendant finally refused to renew the lease agreement with the Defendant on December 31, 2012, by setting the lease agreement to be renewed on December 24, 2014.

Judgment

According to the above facts, the above lease contract was terminated upon the expiration of the period as of December 31, 2014. Thus, barring any special circumstance, the defendant is obligated to deliver subparagraph 2 below to the plaintiff and pay the plaintiff the amount of unjust enrichment equivalent to the rent of KRW 2,50,000 per month from January 1, 2015 to the day the delivery is completed.

As to this, the Defendant alleged that the Plaintiff agreed to receive underground 2 units after April 30, 2015, and thus, there was no evidence that the agreement for the postponement of the time limit was reached, and even if such agreement was reached, it is apparent that the said grace period had already been exceeded on May 12, 2015, which is the date of the closing of the instant argument, so the defense cannot be accepted.

In conclusion, the plaintiff's claim is justified and acceptable.