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(영문) 서울북부지방법원 2016.04.12 2015나7754
건물명도등
Text

1. All appeals filed by the Defendant-Counterclaim Plaintiff and the counterclaim filed in the trial are dismissed.

2. Costs of appeal; and

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Facts of recognition;

A. On December 24, 2013, the Plaintiff leased a building listed in the attached list owned by the Plaintiff (hereinafter “instant building”) to the Defendant as of 50,000,000 won of lease deposit, KRW 4,000,000 of rent monthly (the payment date: 20,000,000 of rent monthly); the lease period from January 6, 2014 to January 6, 2016.

(hereinafter “instant lease agreement”). B.

The Defendant, around January 6, 2014, received the instant building from the Plaintiff and runs screen golf business with the trade name “C” in the instant building up to the present day.

C. On May 30, 2014, the Defendant paid the Plaintiff KRW 3,950,000 as the rent for the first time, and thereafter only some of the monthly rent for the first time.

Accordingly, on July 7, 2015, the Plaintiff sent to the Defendant a certificate of content that the instant lease contract is terminated on the grounds of the delinquency in rent, and the said certificate reaches the Defendant around that time.

As of July 20, 2015, the Defendant’s overdue charge or unjust enrichment equivalent to the rent for the Defendant’s overdue charge as of July 20, 2015 plus KRW 44,00,000 [=4,400,000 (including surtax; hereinafter the same shall apply)

x 10 months).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1, 2, Eul evidence 2, the purport of the whole pleadings

2. The instant lease agreement, based on the Defendant’s declaration of termination, was lawfully terminated on July 7, 2015.

Therefore, the Defendant handed over the instant building to the Plaintiff, and paid unjust enrichment equivalent to the rent of KRW 44,00,000 per month from July 21, 2015 to July 21, 2015 (the rent for the instant building after July 21, 2015 is confirmed to be the same amount as the rent for the instant building under the instant lease agreement).

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