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(영문) 서울중앙지방법원 2016.11.16 2016가단59691

건물명도 등

Text

1. The defendant shall be the plaintiff.

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

B. From 64,250,000 won and May 7, 2016

Reasons

1. Basic facts

A. On October 2, 2015, the Plaintiff: (a) leased real estate listed in the separate sheet (hereinafter “instant commercial building”) to the Defendant KRW 150 million; (b) monthly rent of KRW 12.5 million (payment on the sixth day of each month); and (c) from October 6, 2015 to April 6, 2018 (hereinafter “instant lease agreement”); and (d) handed over the instant commercial building to the Defendant on the sixth day of the same month.

B. On November 6, 2015, and December 6, 2012, and January 6, 2016, the Defendant delayed payment. Accordingly, on February 15, 2016, the Plaintiff sent a certificate to the effect that the instant lease contract may be terminated if the Plaintiff continues to delay payment of rent to the Defendant. The said certificate of content reached the Defendant on the 16th of the same month.

[Reasons for Recognition] Unsatisfy, entry of Gap 1 through 4, the purport of the whole pleadings

2. According to the above facts, the lease contract of this case was terminated by the Plaintiff’s express or implied declaration of termination on May 20, 2016, on the record that it is apparent that it is the delivery date of a copy of the complaint of this case where the Plaintiff’s implied termination intention on February 15, 2016 reaches the Defendant’s payment of the rent of three (3) installments, and thus, the contract of this case was terminated by the Plaintiff’s expression of intention of termination on May 20, 2016. Thus, the Defendant delivered the commercial building of this case to the Plaintiff from October 6, 2016 to May 5, 2016, after deducting the Plaintiff’s payment of KRW 96,250,000 in total or the amount of unjust enrichment of the rent of this case to the Plaintiff (i.e., monthly rent of KRW 12,500,000 x value-added tax of KRW 10,500 x 300,500).

3. Conclusion, the plaintiff's objection.