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(영문) 수원지방법원안산지원 2019.06.19 2019가단2933
건물인도
Text

1. The defendant shall receive KRW 10,000,000 from the plaintiff and at the same time shall be attached to the second floor of the building as stated in the attached Table from the plaintiff.

Reasons

1. Facts of recognition;

A. On March 15, 2016, the Plaintiff leased the building stated in paragraph (1) (hereinafter referred to as the “instant building”) to the Defendant by setting the deposit of KRW 10 million, KRW 800,000 per rent, and the period from March 16, 2016 to March 15, 2017.

B. After paying the deposit to the Plaintiff, the Defendant paid the deposit to the Plaintiff by March 15, 2017 while operating the private teaching institute in the instant building.

C. On February 14, 2019, the Plaintiff did not pay a rent to the Defendant from March 16, 2017, and thus, the lease contract is terminated.

“The content certification was sent.”

[Reasons for Recognition] Unsatisfy, Gap 1 and 2 evidence, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff asserted that, as the lease contract was terminated with the content certification of February 14, 2019, the Defendant shall deliver the instant building. The Defendant shall pay the overdue rent of 18.4 million won from March 16, 2017 to February 15, 2019, and shall return the unjust enrichment calculated at the rate of 800,000 won per month from February 16, 2019 to the delivery of the instant building.

B. The Defendant asserts that the lease contract is terminated due to the termination of the lease contract and the overdue delay of rent, and the Plaintiff of the building delivery claims that the lease contract is terminated at the expiration of the term, and therefore, whether the lease contract is terminated at any

Article 10(1) and (4) of the Commercial Building Lease Protection Act provides that "If a lessor fails to notify the lessee of the refusal of the renewal or to notify the lessee of the change of the terms and conditions between six months and one month before the expiration of the lease term, the lessee shall be deemed to have been re-leased on the same condition as the former lease at the expiration of the lease term, if the lessor fails to notify the lessee of the refusal of the renewal, etc., he/she shall be deemed to have made the lease under the same conditions as the former lease at the time the lease term expires."

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