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(영문) 인천지방법원 부천지원 2018.11.23 2018가단110440
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

A. 15,00,000 won is paid from the Plaintiff, and at the same time the building listed in the attached Table 1st floor.

Reasons

1. Facts of recognition;

A. On March 1, 2011, the Plaintiff entered into a lease agreement with the Defendant to lease the instant building as stipulated in Paragraph (1) of the Disposition (hereinafter “instant building”). Since then, the Defendant entered into a lease agreement with the Plaintiff on a yearly basis, and thereafter, is operating the instant building with the trade name “B” from the instant building until now.

B. On March 1, 2017, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant and the instant building, setting the lease deposit of KRW 15,00,000, KRW 13% of the monthly net sales of rent, and period of lease from March 1, 2017 to February 28, 2018. Article 32(5) of the instant lease agreement stipulates as follows.

C. On November 28, 2017, the Plaintiff sent to the Defendant a certificate of content indicating the intent to refuse the renewal of the lease of this case, and the above certificate reached the Defendant around that time, and thereafter, the Plaintiff and the Defendant agreed to restore the building of this case to its original state and deliver it to the Plaintiff by March 31, 2018.

With respect to the instant lease, the average monthly rent was KRW 2,895,338, and the average monthly rent was KRW 2,871,254 for three months from March 2017 to February 2018.

[Ground of Recognition] Facts without dispute, Gap evidence 1 to 4, 6 evidence, Eul evidence 1 (including each number), the purport of the whole pleadings

2. Determination:

A. 1) According to the facts of the above finding as to the cause of the claim, the lease of this case was terminated upon the expiration of the period of validity, and the defendant is obligated to deliver the building of this case to the plaintiff at the same time receiving KRW 15,00,000 from the plaintiff as the plaintiff is the plaintiff. 2) Determination as to the claim for unjust enrichment, the defendant occupied the building of this case, thereby gaining profit equivalent to the profit of the use of the building of this case, and thereby causing damage to the plaintiff.

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