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(영문) 서울북부지방법원 2015.02.06 2014가단118007
건물명도
Text

1. From 37 million won to 3850,000 won from the plaintiffs, the defendant will deliver the following real estate from December 1, 2014 to 3.85 million won per month.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the whole purport of the pleadings in each description of evidence A Nos. 1 to 3.

On August 26, 2011, the Defendant entered into a lease agreement with the Plaintiffs, the owner of the instant store, setting the deposit amount of KRW 37 million, KRW 3850,000 per month, KRW 3850,000 per month (including value-added tax), and the period on December 31, 2011 (hereinafter “instant lease agreement”), and thereafter, occupied and used the said store until the day after paying the deposit to the Plaintiff.

B. The Defendant did not pay the rent for seven months from October 2012 to April 2013, and the Plaintiff notified the Defendant that the instant lease contract will be terminated as of May 31, 2013 on the ground of the delinquency in rent, around May 21, 2013.

C. The Defendant did not deliver the instant store to the Plaintiffs even after May 31, 2013, and the Plaintiffs filed the instant lawsuit, and the Defendant, after filing the instant lawsuit, paid all of the overdue payments to the Plaintiffs until November 30, 2014.

2. Determination:

A. According to the facts of the judgment on the grounds of the Plaintiffs’ claim, the instant lease agreement was lawfully terminated on May 31, 2013 by the Plaintiffs’ termination notification on the grounds of the Defendant’s delay of rent, and the Defendant paid all overdue rent.

Even if the above termination is not reversed, the defendant is not obligated to receive the remaining money from the plaintiffs after deducting the amount equivalent to the rent calculated at the rate of KRW 3850,000 per month from December 1, 2014 to the delivery date of the store of this case, and at the same time to deliver the store of this case to the plaintiffs.

On January 14, 2015, the Plaintiffs sought the delivery of the instant store at the date of pleading and the payment of unjust enrichment amounting to KRW 3.85 million per month from December 1, 2014 to the date of delivery, but amended the purport of the claim.

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