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(영문) 울산지방법원 2020.04.01 2019가합452
건물명도 등
Text

1. The Plaintiff:

A. Defendant B: (i) handed over the real estate listed in Appendix 1 list; (ii) 6,00,000 won; and (iii) June 1, 2018.

Reasons

1. Indication of claim;

A. On July 1, 2010, the Plaintiff, as the owner of the real estate listed in the attached Table 1 list (hereinafter “instant store”), entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B and the instant store by setting the lease deposit of KRW 18,000,000 per month, rent of KRW 2,00,000 per month, and by July 1, 2015 (five years), and Defendant B, along with Defendant C, who is the son of Defendant B, operated the instant store at the said store and occupied the instant store.

B. Defendant B maintained the lease deposit and rent with the Plaintiff immediately before the termination of the instant lease agreement, but did not pay KRW 1,00,000,000 in total for management expenses on February 2, 2018 and March 2018 during the course of managing a house by oral agreement to pay KRW 500,000 per month as management expenses. Defendant B did not pay KRW 5,00,000 for rent and management expenses on April 201 and May 2018.

C. Accordingly, on May 31, 2018, the Plaintiff sent to Defendant B a content-certified mail to the effect that, by June 7, 2018, the unpaid rent was paid or the instant store should be returned to the original state, but Defendant B did not contact from October 2018, and reached the present.

Therefore, Defendant B is obligated to deliver the instant store to the Plaintiff and pay the Plaintiff the amount calculated by applying the rate of KRW 2,500,000 per month from June 1, 2018 to the date the delivery of the said store is completed.

In addition, Defendant C has the duty to leave the above store to the Plaintiff.

On the other hand, when a lease contract is terminated, the lessee is obligated to restore the leased object to its original state, and such lessee’s duty to restore the possession of the real estate used by the lessee to the lessor as well as to cooperate with the lessor so that the lessor can use the real estate again in accordance with the purpose of the lease.

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