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(영문) 수원지방법원안산지원 2017.11.17 2016가단22110
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in Attachment 2;

(b) 1,00,000 won and from June 1, 2017.

Reasons

1. Basic facts

A. On June 13, 2011, the Plaintiff entered into a contract with the Defendant for the lease of Paragraph 2 (hereinafter “instant lease contract”) of the part indicated in Paragraph 1 of the attached Table No. 1 owned by the Plaintiff (hereinafter “instant building”) (hereinafter “instant lease contract”), and agreed with the Defendant as of July 31, 201, the deposit amount of KRW 30,000,000, monthly rent of KRW 1,500,000, and the term of the contract.

B. On July 31, 2013, the Plaintiff, upon renewal of the instant lease agreement with the Defendant, changed the deposit to KRW 15,000,000, and agreed on the term of lease by July 30, 2014.

C. On July 31, 2014, the Plaintiff, upon renewal of the instant lease agreement with the Defendant, changed the monthly rent to KRW 1,600,000, and agreed on the lease period until July 31, 2015.

On August 2015, the Plaintiff extended the term of lease of the instant lease to August 31, 2016 between the Defendant and the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 3 (including additional number), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserts that, on June 20, 2016, on the ground that the Defendant changed the building structure of the instant building without the Plaintiff’s consent, the Plaintiff is obligated to pay the remainder of money calculated by deducting deposit KRW 15,000,000 from deposit money from the contract rent and unjust enrichment equivalent to the rent, calculated at the rate of KRW 1,60,000 from August 1, 2016 to the delivery date, as the contract lease term expires on August 31, 2016.

On May 10, 2016, the Defendant agreed with the Defendant to extend the term of the instant lease agreement, and consented to the Defendant to change the structure of the first floor of the instant building into a restaurant. As such, the term of the lease expires, and even if the lease agreement was terminated, the Defendant.

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