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(영문) 서울남부지방법원 2017.05.16 2016가단250599
건물명도
Text

1. The defendant shall be the plaintiff.

(a) Of the first floor of the building listed in the separate sheet, the indication of the annexed sheet (1), (2), (3), (4), and (1) shall be as follows.

Reasons

1. Facts of recognition;

A. The defendant is ordered to do so from C, the former owner of the building indicated in the attached list.

The real estate stated in Paragraph (1) (hereinafter “instant store”) was leased KRW 3 million, KRW 450,000 per month, KRW 450,000 per month, and the term of lease was set as two years from June 4, 2010, and was occupied and used by delivery of the instant store from around that time.

B. On July 2, 2015, the Plaintiff inherited the above building from C entered into a lease renewal contract with the Defendant and the instant store extended the lease term from June 4, 2015 to June 4, 2017.

C. On October 21, 2016, a copy of the instant complaint stating the Plaintiff’s declaration of intent to terminate the said lease renewal contract on the grounds of the Defendant’s delinquency in rent was served on the Defendant.

On October 21, 2016, the defendant is in arrears from June 201 to October 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 6, purport of the whole pleadings

2. According to the facts of the above recognition, the above renewal contract between the plaintiff and the defendant between the plaintiff and the defendant was duly terminated on October 21, 2016, where the plaintiff's notice of termination was delivered to the defendant on the grounds of delinquency in rent for not less than two months.

Therefore, the Defendant is obligated to deliver the instant store to the Plaintiff and pay an amount of unjust enrichment equivalent to the rent calculated by the ratio of KRW 450,000 per month from December 4, 2016 to the completion of delivery of the said store.

The Plaintiff sought payment of KRW 2250,000,00 in total from June to October 2016 (=450,000 x 5 months) and the amount of unjust enrichment equivalent to the rent for November 2016. However, the Plaintiff voluntarily recognized that the Plaintiff was paid the amount of unpaid rent or unjust enrichment equivalent to the rent for the six-month period from October 23, 2016 to January 25, 2017, which was after the instant lawsuit was filed. Therefore, this part of the Plaintiff’s assertion is without merit.

3. Thus, the plaintiff's claim is the scope of recognition.

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