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(영문) 대전지방법원 2015.08.20 2014가단4399
건물명도
Text

1. The Defendant is among the first floor of the building indicated in the separate sheet from February 8, 2014 to February 151, 295,531 from the Plaintiffs.

Reasons

1. Facts of recognition;

A. On October 9, 2008, the Plaintiffs leased part of 110.02 square meters in the ship (hereinafter “lease object”) which successively connects each point of 1,2,3,4, and 110.02 square meters in the attached specification among the 1st floor of the building listed in the attached list to the Defendant, with the lease deposit of KRW 1.5 million, monthly rent of KRW 2,600,000 (excluding value-added tax), the lease period from November 1, 2008 to October 31, 2010, and the business guarantee period of five years.

B. After the Defendant paid the entire deposit, the Defendant is running the store with the transfer of the leased object, and the Daejeon District Court registered on October 15, 2008 and the registration of the establishment of chonsegwon was completed on October 15, 2008.

C. The Defendant: (a) installed the interior facility construction on the leased object; (b) the Plaintiff recognized that the Plaintiff’s high pressure construction and new subdivision therefrom increase the value of the leased object; and (c) the value recognized is KRW 1,295,531.

The Plaintiffs notified on August 6, 2013 that they will terminate the above lease agreement, and the above notification reached the Defendant on August 7, 2013.

E. On February 8, 2014, the monthly rent of KRW 150,000 as of February 8, 2014 for the leased object is KRW 3,520,00 (excluding value-added tax).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 4, 5, appraiser C and D's appraisal result, the purport of the whole pleadings

2. According to the above recognition, the lease agreement between the plaintiffs and the defendant was terminated on February 7, 2014 by the plaintiffs' termination notice.

Therefore, the defendant is obliged to pay to the plaintiffs the remainder of the amount calculated by deducting unjust enrichment from the profit-making of the leased object calculated at the rate of KRW 1,012,00 per month exceeding the monthly rent as requested by the plaintiffs from February 8, 2014 to the completion date of delivery of the leased object from KRW 151,295,531, which is the aggregate of the lease deposit and the beneficial cost of the plaintiffs as the plaintiffs.

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