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(영문) 서울남부지방법원 2017.08.25 2017가단4175
건물명도(인도)
Text

1. The Plaintiff (Counterclaim Defendant) from May 21, 2017, with respect to KRW 13,534,130 and KRW 7,200,00 among the Plaintiff (Counterclaim Plaintiff).

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. On January 7, 2015, the Plaintiff, among the buildings listed in the attached list, leased KRW 280,000 monthly deposit amounting to KRW 10,00,00, a deposit of KRW 7.9 square meters on the part of the (Ga) shop connected each point of 1,22, 3, 44, and 1.

Although the Defendant paid the above security deposit to the Plaintiff and operated the clothes repair shop in the above real estate, the Plaintiff failed to pay monthly rent for at least two months from July 2016, and the Plaintiff demanded on November 8, 2016 to deliver the said deposit to the Defendant by January 28, 2017, upon notifying the termination of the lease agreement.

B. On July 27, 2016, the Plaintiff, among the buildings listed in the attached list, set up a monthly deposit of KRW 750,000 ( KRW 825,00 if the value-added tax is included and value-added tax is included) on KRW 14,00,00 on the part of the store located in the attached list, which is 22.76m2,76m2, in turn connected to the Defendant, in the order of each point of the attached list, as indicated in the attached list.

Although the Defendant paid the above deposit to the Plaintiff and operated a window dressing in the above real estate, the Plaintiff failed to pay monthly rent for at least two months from November 2016, and the Plaintiff demanded on January 19, 2017 to deliver the said deposit to the Defendant by January 31, 2017.

【In the absence of any dispute, entry in Gap’s evidence 1 through 3 (including paper numbers) and the purport of the whole pleading】

2. The parties' assertion

A. Although each lease contract between the Plaintiff and the Defendant, which caused the Plaintiff’s principal claim, terminated due to the Defendant’s delinquency in rent for at least two years, the Defendant did not return each leased object to the Plaintiff. Therefore, the Defendant seek payment of damages due to unjust enrichment equivalent to the delivery and rent or illegal possession.

B. On January 19, 2017, the applicant filed an application for the order of lease registration for commercial buildings on the following grounds: (a) the indication of the attached drawing (as to the part of (a) the Plaintiff’s counterclaim is revoked by the Plaintiff’s notification; and (b) the Plaintiff did not refund the deposit.

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