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(영문) 서울중앙지방법원 2016.11.29 2016가단58186
건물명도
Text

1. The defendant shall order the plaintiff's three floors of the real estate stated in the attached Form 1, 2, 3, 4, and 1 of the attached Form.

Reasons

1. On June 1, 2015, the Plaintiff: (a) leased and used a portion of 17 square meters in the column (A) section (hereinafter “instant store”) connected in order to each point of the attached Form No. 1, 2, 3, 4, and 1 among the third real estate listed in the attached Form on June 1, 2015, the Defendant sought delivery of real estate and payment of overdue rent or unjust enrichment due to the termination of the lease agreement as of February 5, 2016, on the following grounds: (b) even though it had been used until now, a sum of 3,790,000 won equivalent to the 16th day portion of the monthly rent is overdue; and (c) thus, (d) there is a delay

On June 1, 2015, the Plaintiff leased the instant store owned by the Plaintiff to the Defendant KRW 4.5 million, KRW 5 million per month, KRW 500,000 per month (excluding value-added tax), management expenses, and KRW 30,000 per month. At the time of the said lease agreement, if the Defendant was in arrears for at least three months, the said lease agreement may be terminated if the Defendant was in arrears for at least three months, and the Plaintiff notified the Defendant of the termination of the said lease agreement on the grounds of a delay in rent, etc. on or around February 5, 2016, may be acknowledged either as a dispute between the parties, or as a whole, by taking into account the respective entries and arguments of the Plaintiff 1 through 3.

Therefore, since the above lease contract was lawfully terminated due to the plaintiff's termination notice on the ground of the defendant's delay of more than three months, the defendant is obligated to deliver the real estate of this case to the plaintiff, and to pay the plaintiff the amount of unjust enrichment equivalent to the rent or rent calculated at the rate of KRW 500,000 per month from December 17, 2015 to the date the delivery of the above real estate is completed.

2. The judgment on the Defendant’s assertion: (a) around January 2016, the Defendant requested the Plaintiff to re-contract to convert the name of the lessee under the above lease contract into a corporation to obtain competitive qualification by converting the individual entrepreneur into a business entity; (b) however, the Plaintiff’s failure to cooperate therewith, thereby reporting business losses.

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