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(영문) 서울중앙지방법원 2015.04.02 2013가단276129

건물명도 등

Text

1. The defendant

(a) deliver the real estate listed in the separate sheet;

B. From September 24, 2013, the above A

subsection (b).

Reasons

1. Basic facts

A. On September 11, 201, the Plaintiff leased to the Defendant real estate indicated in the separate sheet (hereinafter “instant store”) with a deposit of KRW 5 million, monthly rent of KRW 500,000,000, and period of lease from September 24, 2011 to September 23, 2013.

B. The Defendant paid up to November 2012 the monthly rent, and thereafter delays the payment of the monthly rent.

C. Even after the Defendant moved to another place on January 2013, the Defendant used the instant store as the storage, etc. of goods.

[Ground of recognition] Unsatisfy, entry of Gap evidence No. 1, purport of whole pleadings

2. Determination

A. Since the lease contract between the original and the Defendant terminated on September 23, 2013, the period has expired, the Defendant is obligated to deliver the instant store to the Plaintiff, and to pay the amount equivalent to 500,000 won as unjust enrichment from September 24, 2013 to September 24, 2013, which is the day following the expiration of the lease period.

B. As to this, the Defendant asserts that, if a lessee becomes a lessee before the lease period, the lessee would receive the deposit after seeking a new tenant, or deducting only the monthly rent from the deposit, and the lessor would receive the deposit after deducting the monthly rent from the deposit, and the lessor would seek a new tenant to move to another store on or around November 2012. Even though the Defendant requested a new tenant to move to the new store on or around November 2012, the Plaintiff did not demand a high monthly rent and did not seek a new tenant, and the deposit after deducting the monthly rent from the deposit for two months was not paid to the new tenant, the Defendant only stored the goods in the instant store and did not have a duty to return the instant store before receiving compensation for the loss incurred by the director without receiving the deposit from the Plaintiff.

However, during the lease term, the defendant seeks a new lessee or paid the amount equivalent to the monthly rent for two months during the lease term, which is based on all evidence submitted by the defendant.