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(영문) 제주지방법원 2020.05.22 2018가단1901
건물인도 등
Text

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

(a) Of the buildings listed in the attached list, the Attached Form 1 and 9 shall each be marked.

Reasons

1. From 2004 to 191.98 square meters of a store listed in the separate sheet (hereinafter “instant store”) has been leased to the Defendant, the Plaintiff continued to renew the lease contract and renewed the lease contract on February 5, 2017, by setting the lease period up to KRW 5 million, annual rent of KRW 16.5 million, and the lease period on February 4, 2018.

On December 5, 2017 and January 4, 2018, the Plaintiff notified the Defendant that he/she had no intention to renew the lease agreement any longer upon the termination of the lease agreement term for the instant store.

The Defendant, without the Plaintiff’s consent or consent, sublet the portion (A) 104.28 square meters on the ship (a) which connects each point of the following 1,2,3,4,5,6,7,7,8,9, and 1: (a) connects 1,2,3,4, 6, 6, 7, 8, 9, and 9 of the annexed drawings among the stores of this case to Nonparty C, and operated convenience points in the rest.

On February 3, 2018, the Defendant remitted 16.5 million won, which is the amount equivalent to the reappointment fee, to the Plaintiff.

【Ground of recognition】 The fact that there is no dispute, Gap 2, Gap 3-1, 3-2, Eul 2-8, the purport of the whole pleadings

2. Determination on the main claim

A. The lease contract for the store of this case with the purport of the Plaintiff’s assertion was terminated upon the expiration of the period of validity, or the Plaintiff terminated the lease contract on the ground of the Defendant’s unauthorized lease.

Therefore, the Defendant is obligated to return the instant store to the Plaintiff and return unjust enrichment equivalent to the rent from February 5, 2019 to the completion date of delivery.

B. According to the above findings of the determination on the cause of the claim, the lease contract on the instant store was terminated on February 4, 2018.

Therefore, barring special circumstances, the Defendant is obligated to return the instant store to the Plaintiff, and to remove and deliver the partitions (a walls) connecting the indication 1 and 9 of the attached Form No. 1 and 9 installed by the Defendant at will, and 2) as a return of unjust enrichment, the Defendant is obligated to pay the money calculated at the rate of KRW 1,375,00 per month from February 5, 2019 to the completion date of delivery (i.e., KRW 1,65 million ± 12).

C. The defendant.

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