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(영문) 서울서부지방법원 2020.02.07 2019가단12742

건물명도

Text

1. The defendant

(a) A real estate building is handed over one story of 160.17 square meters among the real estate listed in the attached list, and the above real estate building.

Reasons

1. Facts of recognition;

A. On July 24, 2016, the Plaintiff leased a deposit of KRW 30,000,000, monthly rent of KRW 3,000 (excluding value-added tax), management expenses of KRW 60,000, and period of lease of KRW 60,000, and two years from August 1, 2016, among the real estate listed in the attached list, to the Defendant.

On July 23, 2018, the above contract was extended to one year under the same conditions.

B. The Defendant used the instant store and installed a tent (around 1 square meters) on the outer wall of the building.

C. From January 2019, the Defendant delayed the payment of monthly rent.

Accordingly, the Plaintiff sent to the Defendant a certificate of content that the Plaintiff would not extend the contract any longer on August 6, 2019 after the expiration of the lease term.

On January 15, 2020, the defendant paid KRW 7,000,00 to the plaintiff.

30,000,000 won of the above deposit is not more than the sum of monthly rent, management fee, public charge, etc. in arrears until December 31, 2019, and thus the amount to be refunded to the Plaintiff is not more than the aggregate.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 11, purport of the whole pleadings

2. According to the above findings of the determination on the grounds of the claim, the above lease contract was terminated.

Therefore, the defendant is obligated to deliver the store of this case to the plaintiff, remove the above tent warehouse, and pay rent (including value-added tax) calculated by the ratio of KRW 3,366,00 per month from February 1, 2020 to the completion date of delivery of the store of this case and unjust enrichment equivalent to management expenses.

3. citing the Plaintiff’s claim.