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(영문) 울산지방법원 2017.08.31 2017나20975
건물명도 등
Text

1.The judgment of the first instance shall be modified as follows:

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall list the Plaintiff (Counterclaim Defendant) in attached Form.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On January 18, 2014, the Plaintiff leased the leased deposit amounting to KRW 20 million, monthly rent of KRW 950,000 (payment on January 1, 201), and the lease period from January 30, 2014 to January 30, 2016 to the Defendant, in turn, the part (A) size of KRW 63 square meters (hereinafter “instant leased part”) connected in order to each point of the attached specification 1, 2, 3, 4, and 1 among the buildings listed in the attached list.

(hereinafter “instant lease agreement”). B.

By November 2015, the Defendant delayed payment of the monthly rent for at least three months. On December 8, 2015, the Plaintiff notified the Defendant that the instant lease contract will be terminated on the ground that the monthly rent was overdue.

[Grounds for Recognition] Facts without dispute, each entry of evidence 1, 2, and 3 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. (1) According to the above facts as to the cause of the claim, the instant lease agreement was terminated on December 8, 2015 by the Plaintiff’s notice of termination, and thus, the Defendant is obligated to deliver the leased portion to the Plaintiff.

The Defendant, on February 11, 2017, removed from the leased portion of the instant case, but this appears to have resulted from the declaration of a sentence of provisional execution by the first instance court. Thus, this is not considered and determined.

(2) The Plaintiff asserts that the Defendant is obligated to pay unjust enrichment at a rate of KRW 950,00 per month from March 1, 2016 to the completion of delivery of the leased portion of the instant case.

If the purport of the entire pleadings is added to the statements in Evidence Nos. 2 and 9, and Evidence No. 15, the defendant set aside from the leased portion of this case on February 11, 2017. The defendant set aside the leased portion of this case as of February 11, 2017. The amount paid by the defendant as of the time of the withdrawal is the total of 24,220,060 won, and the rent, unjust enrichment, and public charges paid by the plaintiff are the total of 25,059,345 won, and the amount of rent, unjust enrichment, and public charges paid by the plaintiff is the total of 25,059,345 won, which were not paid by the defendant on February 28, 2017 (=25,059,345 won -24,220,060 won).

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