점포명도 및 퇴거청구의 소
1. From 26,50,000 to 26,500,000 won from the Plaintiff, the Defendant shall have the second floor office from February 1, 2014 to the building indicated in the separate sheet. < Amended by Presidential Decree No. 14
1. Facts of recognition;
A. On March 31, 2010, the Plaintiff leased the instant store to the Defendant with a deposit of KRW 30 million, monthly rent of KRW 500,000,000, and the period of March 31, 2015.
(hereinafter referred to as “instant lease contract”: Provided, That the Defendant entered the name of the lessee in C in the said lease contract, as it is anticipated that it would interfere with obtaining a business license as a bad credit holder, and thereafter, he operated an entertainment tavern in the instant store from around that time.
B. The Defendant decided to change the name of an entertainment drinking house run by himself from C to D due to the incombustibility with the above Section, and around April 201, the Plaintiff and the Plaintiff drafted a lease contract in which the lessee entered D and the lease period from April 22, 2011 to 24 months (hereinafter “instant change contract”).
C. From July 2013, the Defendant did not pay the Plaintiff the rent, and accordingly, the Plaintiff’s written brief dated February 12, 2014, stating that the Plaintiff would terminate the instant lease agreement on the grounds of the Defendant’s delinquency in rent, was served on the Defendant on February 17, 2014.
[Grounds for Recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 (including each number), the purport of the whole pleadings
2. Determination on the cause of the claim
A. According to the above facts, the instant lease agreement was amended to April 22, 2013 under the instant change agreement, but it was subsequently renewed thereafter, and was lawfully terminated in accordance with the Plaintiff’s expression of intent to terminate the instant lease agreement due to the Defendant’s delinquency in rent, barring any special circumstance, the Defendant is obligated to deliver the instant store to the Plaintiff, and pay to the Plaintiff the overdue rent of KRW 3.5 million (5 million x 7 months) from July 2013 to January 2013, and from February 1, 2014 to February 1, 2014, unjust enrichment equivalent to the rent or rent from the date when the delivery of the instant store is completed.
B. The defendant's defense.