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(영문) 의정부지방법원 2018.12.05 2017가합1469
건물명도 등
Text

1. The defendant shall pay 234,677,419 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

1. Basic facts

A. On July 29, 2016, the Plaintiff determined that the said lease contract may be terminated immediately if the Plaintiff was in arrears to the Defendant by setting the lease deposit amount of KRW 200,000,000, KRW 35,000,000 per month, and the lease term of KRW 35,00,000 per month, from July 29, 2016 to July 28, 2021 (hereinafter “instant lease contract”).

Around that time, the Plaintiff delivered the instant building to the Defendant, and the Defendant paid KRW 200,000,000 to the Plaintiff.

B. On August 1, 2016, the Defendant completed business registration from the instant building with the trade name of C Hospital and started to operate the hospital.

After the conclusion of the instant lease agreement, the Defendant did not pay the Plaintiff at all, and on March 7, 2017, the Plaintiff sent a written notice to the Defendant that notified the termination of the instant lease agreement on the grounds of the overdue rent of at least three years.

The above notification was served on the defendant around that time.

C. On August 10, 2017, the Defendant closed down a C Hospital operated.

The Defendant did not remove large-scale medical equipment, such as RoI, used by the above hospital, from the building of this case. On December 23, 2017, the Defendant delivered the building of this case to the Plaintiff by removing the above medical equipment.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 7, 8, Eul evidence No. 1, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion that the Defendant did not fully pay the Plaintiff the rent after the conclusion of the instant lease agreement.

Since the Defendant took out all medical equipment, such as MRI, from the instant building to December 23, 2017, and operated all or some of the hospital in the instant building, the Defendant is obligated to pay the Plaintiff a rent or unjust enrichment equivalent to the rent under the instant lease agreement until December 23, 2017.

On the other hand, the defendant.

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