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(영문) 수원지방법원성남지원 2019.11.29 2019가단7524
건물명도
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Determination on the cause of the claim

A. The Plaintiff entered into a lease contract (hereinafter “instant lease contract”) with the Defendant on September 19, 2010, with respect to the lease deposit of KRW 25 million with respect to the lease deposit of KRW 25 million, monthly rent of KRW 1.5 million, and the term of lease from September 19, 2010 to September 19, 2013 (hereinafter “the instant lease contract”). ② The instant lease contract was explicitly renewed each year and increased to KRW 2.5 million. The Plaintiff notified the Defendant of the rejection of the renewal of the lease contract on August 1, 2018, and ③ The Defendant is recognized as having no dispute between the parties to the instant lease and the Plaintiff on June 28, 2019 when operating bathing in the instant lease object and delivering it to the Plaintiff.

Therefore, the Defendant is obligated to pay to the Plaintiff unjust enrichment equivalent to the rent due to the possession and use of the leased object of this case from September 19, 2018 to June 28, 2019.

B. From September 19, 2018 to April 19, 2019, the Plaintiff sought payment of KRW 5,482,400 out of the rent of KRW 1,750,000,000, calculated as 2.5 million per month from September 19, 2018 to April 19. As such, the Defendant is obligated to pay to the Plaintiff damages for delay from August 31, 2019, the following day after the Plaintiff sought payment of KRW 5,482,40,00 from the first date of pleading of this case (the Plaintiff claimed payment of KRW 5,482,40,00 from the day after the delivery of a duplicate of the complaint of this case to the above KRW 5,482,40,00, the Plaintiff claimed payment of damages for delay from the complaint of this case, and thus, the Plaintiff’s claim was without merit.

(2) Meanwhile, from April 20, 2019, the Plaintiff delivered the leased object of this case to June 28, 2019.

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