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(영문) 대전지방법원서산지원 2012.07.13 2011가단5198
건물명도
Text

1. The defendant marks 1, 2, 3, 4, 5, 6, 7, 8, 9, and 1 of the annexed drawings of the real estate stated in the annexed list to the plaintiff.

Reasons

1. Basic facts

A. On October 27, 2006, the Plaintiff leased the real estate stated in the order (hereinafter “instant store”) to the Defendant as the lease deposit amounting to KRW 60 million, monthly rent of KRW 2.5 million, and the lease period from November 15, 2006 to 60 months (hereinafter “instant lease contract”).

B. From November 15, 2006, the Defendant commenced business with the trade name “C” at the instant store from November 15, 2006, but did not run a business since the Haman on November 2010.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings.

2. The parties' assertion

A. The Plaintiff’s assertion 1) Since January 15, 2007, the Defendant did not pay monthly rent to the present day. As such, the Plaintiff terminated the instant lease contract on the grounds of more than 2 years of rent delay. 2) The Plaintiff ordered the Defendant to order the instant store, and return the amount of unjust enrichment equivalent to the rent due to the instant rent and possession without any legal cause from January 15, 2007 to the completion of life expectancy.

B. Defendant’s assertion 1) On November 201, 2010, the Defendant ordered the Plaintiff to give up the ownership of all equipment located in the instant store, and thus there is no further obligation to do so. 2) The Defendant agreed to settle the lease relationship by giving up the right to claim the return of the lease deposit and additionally paying KRW 37 million between the Plaintiff and the Plaintiff, and by giving up the remainder of the right to claim the rent.

Therefore, the defendant is no longer obligated to return to the plaintiff the rent or unjust enrichment equivalent to the rent.

3. Determination

A. At around January 201, D, a former lessee of the instant store, met with the Plaintiff and E at the office located on the first floor of the building where the instant store was located upon the Defendant’s request for the adjustment of rent and the adjustment of lease relations. 2) E refers to himself as “F” on its job, and is acting on behalf of the Plaintiff.

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