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(영문) 인천지방법원 2015.03.03 2014가단49967
건물명도
Text

1. The defendant is paid KRW 1,769,00 from the plaintiff, and at the same time, between the 133.62 square meters of the building indicated in the attached Table to the plaintiff.

Reasons

1. Basic facts

A. On March 30, 2009, the Defendant entered into a lease agreement between the Plaintiff and the Plaintiff on the instant store owned by the Plaintiff with a deposit of KRW 7 million, monthly rent of KRW 350,000 (payment date: 15,000 per month), and the duration of two years (from April 15, 2009 to April 15, 201), and operated a computer repair specialist at the instant store by paying a deposit of KRW 7 million to the Plaintiff.

B. After the above lease was renewed under the same condition, the original Defendant agreed to increase the rent to KRW 420,000 per month from April 16, 2013, but did not set the term of lease.

(hereinafter “the lease of this case”). C.

The Defendant delayed the rent from November 16, 2013, and, on February 27, 2014, demanded the Plaintiff to return the lease deposit with the instant store on March 31, 2014, on the following grounds: (a) the Plaintiff, who was urged to pay the rent from the Plaintiff; and (b) the Plaintiff, on March 31, 2014, demanded the instant store to return the lease deposit.

On July 21, 2014, the Plaintiff deposited KRW 3,131,00 as the repayment of the obligation to return the lease deposit, and the Defendant received the deposit money.

[Basis] Facts without dispute, Gap evidence 1, Eul evidence 1 to 3, Eul evidence 1 to 2-1, 2 and 3-1 to 3-3, the purport of the whole pleadings and arguments

2. The parties' assertion

A. The Plaintiff’s assertion that the lease of this case was terminated on May 26, 2014, when three months from February 27, 2014, when the Defendant expressed his/her intention of termination pursuant to Article 10(5) of the Commercial Building Lease Protection Act (hereinafter “Commercial Building Lease Protection Act”).

Since the Defendant occupied the instant store even if he was paid all of KRW 3,131,00 after deducting the amount of delayed rent of KRW 2,669,000 from November 16, 2013 to May 26, 2014 from the Plaintiff’s KRW 7 million, the Defendant is obligated to deliver the instant store to the Plaintiff and pay the Plaintiff the amount of unjust enrichment of the tea party until the delivery of the instant store.

(b).

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