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(영문) 수원지방법원안양지원 2019.05.29 2018가단9874
건물명도 등
Text

1. The defendant is paid KRW 11,00,000 from the plaintiff and at the same time, from among the real estate listed in the attached Table to the plaintiff.

Reasons

1. Facts of recognition;

가. 원고는 2002. 4. 20. 피고에게 별지 목록 기재 부동산 중 별지 도면 표시 ㈀, ㈁, ㈃, ㈂, ㈀을 순차로 연결한 선내 ㈎ 부분 95.86㎡(이하 ‘이 사건 점포’라 한다)를 임대보증금 11,000,000원, 월 차임 400,000원, 기간 2년으로 정하여 임대하였다

(hereinafter “instant lease agreement”). B.

The instant lease agreement was implicitly renewed each year, and the Plaintiff and the Defendant agreed to reduce the monthly rent to KRW 11,00,000,000 on July 5, 2016, as it is for two years, and the monthly rent to KRW 100,00.

C. On May 10, 2018, the Plaintiff notified the Defendant of the refusal to renew the instant lease, and the instant lease agreement was terminated on July 4, 2018.

At the time of the first commencement of the instant lease agreement, the Defendant used the instant store for singing business. However, from around 2015, the Defendant did not engage in singing business and used the instant store as a residence by occupying the instant store as of the date of closing argument.

E. The Plaintiff did not refund KRW 11,000,000 to the Defendant until the date of the closing of the instant argument.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 to 6, purport of whole pleadings

2. Determination:

A. The judgment on the cause of a claim becomes effective when one of the parties agrees to allow the other party to use or make profits from an object and the other party agrees to pay the rent for it. As such, where a lease contract is terminated, the lessee is obligated to deliver the object to the lessor, barring any special circumstances, and the lessee is also obligated to return unjust enrichment from the possession and use of the object from the date of termination of the lease to the date of completion of the designation of the object.

Meanwhile, the lessor's duty to return the deposit and the lessee.

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