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(영문) 서울북부지방법원 2016.06.24 2015가단36508

건물명도 등

Text

1. The defendant shall be the plaintiff.

(a) Attached drawings among the real estate first floor listed in the attached list, shall be indicated in (1), (2), (3), (4), and (1);

Reasons

1. Basic facts

A. On July 11, 2008, the Plaintiff issued an order to the Defendant.

The building mentioned in the subsection (hereinafter referred to as the “instant building”) was leased with a lease deposit of KRW 5 million, KRW 400,000 per month, and the lease term of KRW 1 million (hereinafter referred to as the “instant lease”) and has been implicitly renewed thereafter.

B. The defendant, together with the building of this case, ordered by the plaintiff 1-A.

The land indicated in the subsection (hereinafter “instant land”) is occupied and used, and the said land is overdue until July 2015.

C. The Plaintiff expressed his/her intent to terminate the instant lease agreement on the ground of the following two or more occasions through the instant complaint, and the said declaration of intent reached the Defendant on November 28, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the facts of the above recognition, the instant lease agreement was lawfully terminated on November 28, 2015 on the ground that the Defendant was at least two parcels of rent, and thus, barring any special circumstance, the Defendant is obligated to transfer the instant building and the instant land possessed without permission to the Plaintiff, to pay the Plaintiff the overdue rent of KRW 10 million, and to pay the amount of the overdue rent of KRW 40,000,000 calculated at the rate of KRW 40,000 per month from August 11, 2015 to the completion of delivery of the instant building and the instant land.

(A) The Plaintiff filed a claim for unjust enrichment equivalent to future rent or rent from July 31, 2015. However, in light of the terms and conditions of the instant lease agreement, it is reasonable to deem that the rent from August 2015 to August 11, 2015 is calculated from the date of August 2015, and thus, it is not accepted the part seeking payment in excess of the aforementioned provision).3. The Defendant’s claim regarding the instant building is dismissed. The Defendant’s determination as to the instant claim is based on the following: (a) the cost of expanding, remodeling, and repairing the instant building; (b) the cost of installing electric and water meters; (c) KRW 850,00,000; (d) the cost of installing electric and water meters; and (d)