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(영문) 서울북부지방법원 2020.06.19 2019가단112912
건물명도(인도)
Text

1. The counterclaim Defendant: 13,131,200 won to the counterclaim and 5% per annum from March 15, 2020 to June 19, 2020.

Reasons

1. Facts of recognition;

A. On October 15, 2013, the Plaintiff and C entered into a sublease contract with D to KRW 8,000,000, monthly rent of KRW 450,000, monthly rent of KRW 450,000, and the sublease period from October 30, 2015 to October 30, 2015, with respect to 1 column 7.8 square meters (hereinafter “instant store”). From that time, the Plaintiff and C entered into a sublease contract with D to operate the F office from that time.

B. On April 30, 2014, the Counterclaim concluded a lease agreement with the Counterclaim Defendant with regard to the instant store (hereinafter “instant lease agreement”) between the lease deposit amount of KRW 8,000,000, monthly rent of KRW 450,000, and the lease term of KRW 30,000 from March 30, 2014 to March 30, 2016 (hereinafter “instant lease agreement”).

C. On December 19, 2018, the instant lease agreement was renewed every year after the expiration of the said period, and the counterclaim Defendant notified the Plaintiff of the purport that he did not intend to renew the instant lease agreement, since it is anticipated to remove and reconstruct due to the risk of safety accidents caused by the aging or damage of the instant store.

On January 30, 2019, the Lessee requested the Counterclaim Defendant to renew the instant lease agreement. On the other hand, when the instant lease agreement is terminated, it notified the Counterclaim Defendant of the purport of demanding damages due to interference with the opportunity to recover the premium.

After that, the instant lease agreement was terminated on March 30, 2019 without entering into a new lease agreement, and the Counterclaim delivered the instant store to the Counterclaim Defendant on March 14, 2020.

E. The appraised value of the instant store is KRW 10,402,00 as of March 30, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 3, the result of the commission of appraisal to G appraiser's office (Appraiser H) by this court, the purport of the whole pleadings

2. The parties' assertion

A. The counterclaim Defendant 1 deducts unjust enrichment equivalent to the rent from the lease deposit of the instant store from December 31, 2019 to March 14, 2020.

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