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(영문) 수원지방법원 안산지원 2017.01.20 2016가단19039
건물인도 등
Text

1. The defendant shall be the plaintiff.

A. At the same time, 80,000 won is paid by the Plaintiff, the real estate listed in the attached Table.

Reasons

1. On August 1, 2006, the Plaintiff, on which August 1, 2006, indicated the attached list, which is owned by the Plaintiff, leased the attached building status of the Plaintiff as follows: ①, ②, ③, ④, ① the retail store in the (Ga) part of the ship connected each point in sequence, KRW 50,000,000,000 for lease deposit, KRW 1.5 million for the rent month, and the lease term from August 1, 2006 to twenty-four months.

The lease contract between the Plaintiff and the Defendant has been renewed and continued after July 31, 2008, and the last lease contract prepared by the Plaintiff and the Defendant states as follows: “The lease term and the rent shall be KRW 00,000,000 won per month from August to July 30, 2008, KRW 00,000 per month from August to July 30, 201, KRW 00,000 per month from August to July 2011, and KRW 10,000 per month from August to July 2016. Business rights shall be guaranteed by the year 2016.”

(including renewed terms and conditions, the lease agreement between the Plaintiff and the Defendant (hereinafter “instant lease agreement”). The Plaintiff is as of May 9, 2016.

6. On July 30, 2016, upon arrival of the Defendant, the content-certified mail sent to the Defendant to the effect that the instant store would be returned, and each content-certified mail sent to the Defendant around that time.

The defendant is operating a pharmacy in the store of this case until now.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 3-1, 2-2, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion that the instant lease agreement has expired on July 31, 2016, and the Defendant is obligated to return the instant store to the Plaintiff and pay unjust enrichment equivalent to the rent calculated by the ratio of KRW 2090,000 per month from August 1, 2016 to the time the instant store is returned, and the Defendant is obliged to operate the instant lease agreement by up to 2016.

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