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(영문) 광주지방법원 2017.09.22 2017나51890
건물명도
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall attach from August 1, 2017 to KRW 9 million from the plaintiff.

Reasons

1. Basic facts

A. On June 2010, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 10 million, monthly rent of KRW 250,000,000, and the lease term of KRW 10,000,00,000,000,000, and KRW 64.46,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000

B. The instant lease agreement has been implicitly renewed. On March 10, 2016, and April 18, 2016, the Plaintiff notified the Defendant of the refusal to renew the instant lease, and the notification was delivered to the Defendant each time thereafter.

C. Of the monthly rent under the instant lease agreement, the Defendant did not pay the sum of KRW 1,00,000,000 for four instances, including the portion of November 201, 201, the portion of August 201, 2013, the portion of April 4, 2014, and the portion of August 2015, and continued to occupy and use the instant real estate.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 through 4, and 7 evidence (if there are provisional numbers, including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. According to the above facts, the lease contract of this case was terminated on June 30, 2016, and the Defendant is obligated to pay the Plaintiff the amount after deducting the amount of unjust enrichment equivalent to the monthly rent calculated by the rate of KRW 2.5 million from August 1, 2017 to the date the delivery of the real estate of this case was completed, and at the same time to deliver the real estate of this case from the Plaintiff by deducting the amount of unjust enrichment equivalent to the monthly rent calculated by the rate of KRW 2.5 million from August 1, 2017 to the date the delivery of the real estate of this case was completed.

The plaintiff shall deduct the sum of 1 million won in arrears from the lease deposit after deducting the unpaid amount of 4 times in arrears from the lease deposit.

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