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(영문) 제주지방법원 2017.04.14 2017가단505
건물명도(인도)및임대료
Text

1. The defendant

(a) Attached drawings 1, 2, 3, 4, 5, 5, among buildings 289.9 square meters on the 1st floor listed in the attached list.

Reasons

1. Indication of claim;

A. On October 1, 2014, the Plaintiff entered into a contract with the Defendant to lease the attached map No. 1, 2, 3, 4, 5, 6, 7, 8, and 113.5 square meters of “A” (hereinafter “instant building”) in the order of priority among the building No. 1st 289.99 square meters on the attached list between the Defendant and the Defendant as indicated in the attached table No. 1st 289, and then deliver the instant building to the Defendant by setting the lease deposit amount of KRW 1,00,000,000, annual rent of KRW 9,000,000, and the lease period from January 1, 2014 to December 31, 2014.

B. Although the above lease between the Plaintiff and the Defendant has been implicitly renewed after the expiration of the lease period, the Defendant did not pay the unpaid rent of KRW 11,750,000 (i.e., the rent of KRW 18 million for two years - the rental fee of KRW 5,250,000 - the lease deposit of KRW 1 million).

C. On December 31, 2016, the Defendant continues to occupy and use the instant building without complying with the Plaintiff’s request for delivery even if the said lease agreement had expired.

Accordingly, the defendant is obligated to return to the plaintiff unjust enrichment equivalent to the delivery of the building of this case and the rent.

2. Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);

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