(영문) 광주지방법원 2018.02.20 2016가단32341

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(영문) 광주지방법원 2018.02.20 2016가단32341

건물인도

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1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. From 45,00,000 to 45,000 won from the Plaintiff (Counterclaim Defendant) February 1, 2018

Reasons

1. Facts of recognition;

A. As to the instant building, the Plaintiff obtained approval for use on January 11, 1994, and completed registration of ownership preservation on May 11, 1994. From around that time, the Defendant leased the instant building from the Plaintiff to “C” and operated remote areas, wholesale and retail businesses, tobacco retail businesses, etc. with the name of “C”.

B. On December 30, 2007, the Plaintiff: (a) leased the instant building part to the Defendant for one year from the same date; (b) prepared a written contract containing the following contents with the Defendant; (c) received KRW 50,000,000 from the Defendant before and after the lease; and (d) received KRW 50,000,000 from the Defendant.

Article 2 In leasing a real estate, the lessee shall pay the lessor the lease amount as follows:

(b) 50,000,000 Won for down payment to the lessor at the time of the contract.

(b) The lessee of Article 5 may be reconstructed or altered under the approval of the lessor, but the original restoration key at the expense of the lessee prior to the date of return of the real estate;

b. If the lessee has entered into this contract, the down payment shall be null and void and shall not claim the return thereof.

C. After that, the Plaintiff agreed with the Defendant to receive KRW 650,000 as the last day of each month for the lease of the said lease. The said lease contract was implicitly renewed until December 30, 2016, and the Defendant occupied and used the instant building portion on the date of closing argument.

【Ground of recognition】 The fact that there is no dispute, Gap 1-4, 9, Eul 1, the purport of the whole pleading

2. As to the main claim

A. According to the facts of the determination as to the cause of the claim, since the lease was terminated on December 30, 2016, the Defendant is obligated to deliver the instant building portion to the Plaintiff, and to pay unjust enrichment at the rate of KRW 650,000 per month due to the use of the said building from February 1, 2018 to the completion date of delivery of the said building portion.

B. The defendant's defense 1 is decided by the plaintiff and the plaintiff.

유사 판례

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