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(영문) 수원지방법원 2019.07.17 2019가단513767

건물명도(인도)

Text

1. The defendant shall be the plaintiff.

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

(b) As from March 1, 2019, the 53,130,855 Won and the 53.

Reasons

1. Facts of recognition;

A. On January 8, 2008, the Plaintiff leased real estate listed in the attached list owned by the Plaintiff (hereinafter “instant real estate”) to the Defendant, and the Defendant operated a restaurant business in the name of “C” at that place.

B. The Plaintiff and the Defendant have renewed the original lease contract at the expiration of the original lease contract period. The terms and conditions of the lease contract which was finally established on February 28, 2018 are KRW 50 million for the lease deposit, the lease term is for 24 months from February 28, 2018, the monthly rent is KRW 3.8 million for the monthly rent (excluding value-added tax), and the monthly rent payment date is on the first day of each month.

(hereinafter “instant lease agreement”). C.

As of the end of February 2019, the Defendant did not pay to the Plaintiff the sum of KRW 53,130,855, including rental fees and management expenses for a period exceeding about 10 months, and thereafter did not pay the rent, etc.

The plaintiff declared that the lease contract of this case is terminated by serving a copy of the complaint of this case on the grounds that the defendant was not paid for at least three years, and the defendant was served with a copy of the complaint of this case on April 1, 2019.

[Grounds for Recognition] Unsatisfy, Gap evidence 1 to 4, Eul evidence 1 (including each number), the purport of the whole pleadings

2. Determination

A. According to the above facts, the instant lease contract was terminated on April 1, 2019 and terminated.

Therefore, barring any special circumstance, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and pay the Plaintiff the sum of KRW 53,130,855, such as unpaid rent and management fee, and the amount of unjust enrichment equivalent to the rental fee or the rental fee from March 1, 2019 to the completion date of delivery of the said real estate (=3.8 million won x 1.1, value added tax is included).

B. On March 19, 2019, the Defendant deducted both the rent and management expenses, etc. which were delayed until the time from the lease deposit and did not delay the future rent, etc.