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(영문) 제주지방법원 2016.04.22 2015가단11358
건물명도
Text

1. From 10,00,000 to 7 May 2015, the Defendant’s delivery of the building as indicated in the separate sheet from the Plaintiffs to the completion date.

Reasons

Basic Facts

A. On April 13, 2010, the Defendant entered into a lease contract with the content that the first floor (hereinafter “instant store”) among the instant building E (hereinafter “instant building”) is KRW 10,00,000,000 for annual rent, KRW 9,00,000 for annual rent, and KRW 60 from May 7, 2010, which is the date of commencement of the construction period, and the business guarantee is seven years for annual rent.

B. On July 4, 2011, the Plaintiffs purchased the instant building from D and completed the registration of ownership transfer. On May 7, 2012, the Plaintiffs concluded a lease agreement with the Defendant and the instant store with a deposit of KRW 10,000,000, annual rent of KRW 9,000,000, and the lease term of KRW 3 years (hereinafter “instant lease agreement”).

C. On March 27, 2015, the Plaintiffs notified the Defendant that the lease contract is terminated due to the termination of the lease term on May 6, 2015, and that the Plaintiff seeks to deliver the instant store.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 3 (including a provisional number; hereinafter the same shall apply), and the facts of the above recognition as to the ground for the claim of the whole pleadings, as the lease contract of this case terminated upon the expiration of the lease term, barring special circumstances, the defendant is obligated to receive from the plaintiffs the remainder of the amount calculated by deducting the amount calculated at the rate of 750,000 won per annum from May 7, 2015, the day following the expiration date of the lease term of this case from May 7, 2015 to the delivery date of the store of this case (i.e., the rent of 9,00,000 won per annum ± 12 months) and deliver the store of this case to the plaintiffs.

(Plaintiffs seek the return of the remaining lease deposit after deducting the rent from May 6, 2015 as simultaneous performance. However, there is no evidence to deem that unjust enrichment has occurred from May 6, 2015, which is the expiration date of the instant lease agreement, and this part of the allegation is without merit). Determination as to the Defendant’s assertion is without merit.

A. The defendant's business guarantee at the time of the lease contract with D.

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