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(영문) 제주지방법원 2016.10.04 2016가단7394
건물명도등
Text

1. The defendant shall indicate the attached drawings among the real estate listed in the attached list to the plaintiff (1), (2), (3), (4), (5), (7), and (8).

Reasons

1. Basic facts

A. On December 7, 2014, the Plaintiff entered into a lease agreement with the Defendant with the terms that: (a) indicated in the separate sheet, among real estate listed in the separate sheet, to lease KRW 500,00,000, annual rent of KRW 1,500,000 (2,00,000,000 from 2016), and between December 7, 2014 and December 30, 2018, with the terms that the lease agreement shall be concluded to lease the portion of the ship (hereinafter referred to as “the part of the instant building”) located in the separate sheet, which is linked in the order of each point, as the lease deposit amount of KRW 5.7,00,00,000, annual rent of KRW 1,500 (2,00,000).

B. At the time of the conclusion of the above lease agreement, the Defendant paid the Plaintiff KRW 500,000,000 among the annual rent of KRW 1,50,000 (per four months) in five installments each month from June 2015 to October 2015, and paid the remainder of KRW 1,00,000 (eight months). From around that time, the Defendant received delivery of the instant building part of the building and operated beauty room business at that time, and continued to pay the Plaintiff rent in full from June 2015.

C. On November 30, 2015, the Plaintiff sent to the Defendant a postal item proving that “a lease is terminated on the grounds of unpaid fees,” and the said postal item was served to the Defendant around that time.

【Fact-finding without dispute over the ground for recognition, Gap’s evidence 1-3, Gap’s evidence 2, and Gap’s evidence 5, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the lease contract between the Plaintiff and the Defendant was terminated due to the termination of the Plaintiff’s contract on the grounds that the Plaintiff did not pay rent around November 30, 2015, and barring any special circumstance, the Defendant delivered the instant building part to the Plaintiff, and, barring any special circumstance, delivered the lease deposit amount of KRW 50,000,000, which was deducted from KRW 500,000, or the amount of unjust enrichment equivalent to the rent (4 months from September 1, 2015 to December 2015), from January 1, 2016 to December 16, 206,60 (2,00,000, x1/12, and less than KRW 00,000, as sought by the Plaintiff).

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