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(영문) 서울동부지방법원 2015.06.12 2014가단48218 (1)
건물인도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver the second floor of 14.0 square meters of a building listed in the attached list;

B. From July 1, 2014, as above.

Reasons

1. According to the records of recognition, the following facts are acknowledged. A.

On June 21, 2013, the Plaintiff’s attached list C leased, on behalf of the Plaintiff, the second floor 14.0 square meters (hereinafter “instant building”) of the building indicated in the attached list to the Defendant on June 21, 2013, on the condition that the lease term is from June 30, 2013 to June 30, 2014, the lease fee of KRW 3 million (i.e., monthly rent of KRW 2.50,000 x 12), and on the condition that the lease deposit is not secured.

(hereinafter “Lease of this case”). (b)

On May 20, 2014, the Plaintiff notified the Defendant of his intention to refuse the renewal of the lease of this case, and notified the Defendant of his intention to deliver the building of this case after the expiration of the said period. On that occasion, the Defendant sent to the Plaintiff three times after the 29th of the same month a certificate of content to the effect that the period of the lease of this case is extended to three years, or the Plaintiff demanded the Plaintiff to pay the facility cost, relocation expenses, etc. invested in the building of this case.

C. Since July 1, 2014, the Defendant paid the monthly rent to the Plaintiff, and is residing in the building of this case until now, and the Plaintiff terminates the lease of this case on the ground that at least two years of arrears were overdue to the Defendant around September 1, 2014.

“A certificate of content was sent to the Defendant at that time, and the above content certification was delivered to the Defendant.

(Ground for recognition: Unsatisfy, Gap evidence 1-1-2 to 6-2, the purport of the whole pleadings

2. The parties' assertion and judgment

A. According to the above facts finding the cause of the claim, since the lease of this case was lawfully terminated at the time when the Plaintiff’s expression of intention to terminate the lease of this case was delivered on the ground of delinquency in payment of more than two times, the Defendant is obligated to deliver the building of this case to the Plaintiff, and to pay unjust enrichment equivalent to the rent in proportion to the amount of 250,000 won per month from July 1, 2014 to the completion date of delivery of the building of this case.

B. The defendant's defense and judgment (1) are first given to the defendant, and the plaintiff only lent the name of the building of this case.

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