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Reasons
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(영문) 창원지방법원통영지원 2017.11.15 2016가단5459
건물명도 등
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1. On the Plaintiff (Counterclaim Defendant),

A. The Defendant (Counterclaim Plaintiff) receives KRW 50,000,000 from the Plaintiff (Counterclaim Defendant).

Reasons

1. On May 10, 2005, the Plaintiff entered into a lease agreement with the non-resident corporation (hereinafter “Defendant corporation”) as of the lease deposit amount of KRW 50,000,000, the rent of KRW 1,200,000, and the rent of KRW 1,200,000 from July 10, 2005 to July 9, 2010.

On July 20, 2010 and September 24, 2013, the Plaintiff and the Defendant Company renewed the above lease on two occasions.

(hereinafter “instant lease agreement” without distinguishing before and after renewal. According to the final lease agreement, the lease deposit amount is KRW 50,00,000, KRW 1,850,000, KRW 1,850,000, and the lease period is from August 1, 2013 to July 31, 2016.

On May 3, 2016, the Plaintiff sent to Defendant Co., Ltd. a certificate to the effect that the instant lease agreement would not be renewed any longer.

On the other hand, Defendant B and C operate convenience points at the instant store on October 18, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 to 5, purport of whole pleadings

2. Since the instant lease contract was terminated as to the claim on the principal claim, the Defendant Co., Ltd. bears the duty of restitution.

Therefore, Defendant Co., Ltd. is obligated to receive KRW 50,000,000 from the Plaintiff at the same time to order the Plaintiff to leave the instant store, and Defendant B and C are obligated to leave the instant store.

In addition, the Defendants jointly bear the obligation to pay the Plaintiff KRW 1,850,000 per month equivalent to the rent for the use of the instant store from August 1, 2016 to the completion date of the order of the instant store from August 1, 2016, which is unjust enrichment.

3. The defendant corporation ordered the plaintiff to enter into a new lease contract with a person who intends to become a new lessee at the instant store, but the plaintiff did not have any justifiable reason.

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