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(영문) 서울동부지방법원 2018.07.13 2018가단105409
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) deliver one story 97.02 square meters of land among the real estate listed in the attached list;

(b) 5,405,000 Won;

Reasons

1. Determination as to the cause of claim

A. On June 24, 2016, the Plaintiff entered into a lease contract with the Defendant for the lease of KRW 97.02 square meters on the first floor among the real estate listed in the attached Table (hereinafter “instant store”) with the lease deposit of KRW 10 million from June 24, 2016 to June 23, 2018, with the monthly rent of KRW 1,353,000 (including management expenses, value-added tax, and KRW 150,000), and delivered the instant store to the Defendant on or after July 24, 2017 (the Defendant did not delay the rent of KRW 6 months on or after January 23, 2018; KRW 8,118,000 on or after the date of the instant lease; KRW 30,000 on or after the date of instant lease; KRW 130,000 on or after the date of instant lease; and the Plaintiff did not have any dispute over the said lease contract with the Plaintiff on or after the date of KRW 10318.

B. According to the above facts, since the above lease contract between the Plaintiff and the Defendant was lawfully terminated and terminated on March 2, 2018, the Defendant is obligated to deliver the instant store to the Plaintiff, and pay the Plaintiff the remainder of KRW 5,405,000 (= KRW 8,118,000 - 2,713,000) out of the overdue rent up to the portion of January 23, 2018, and to pay the rent or the amount of unjust enrichment equivalent to KRW 1,353,00 per month from January 24, 2018 to the completion date of delivery of the instant store.

2. Judgment on the defendant's assertion

A. The Plaintiff’s singing and operating a singinginging room had been frequently leased, and the Plaintiff’s singinginging that it was extremely difficult to operate the singinging and smelling. The Plaintiff demanded repair of defects, but the Plaintiff did not take any measures, thereby causing enormous damages to the Plaintiff’s business, and thus, the Plaintiff could not respond to the Plaintiff’s request.

B. The fact that water leakage occurred during the use of the instant store by the Defendant.

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