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(영문) 춘천지방법원원주지원 2015.08.13 2014가단3145
건물명도 등
Text

1. The defendant is paid KRW 150,352,227 from the plaintiff, and at the same time the plaintiff is provided with each real estate listed in the attached list.

Reasons

1. Basic facts

A. The Plaintiff is the owner of each real estate listed in the separate sheet (hereinafter referred to as “instant real estate,” and the individual real estate is indicated as “instant one real estate”).

B. On December 21, 2010, the Plaintiff set the lease deposit amount of KRW 15,00,000, monthly rent of KRW 900,000, and the lease deposit of KRW 15,000,00, monthly rent of KRW 900,00 with respect to the instant real property 2 and 3, and the lease period of KRW 90,000,000 was set from December 21, 201 to December 20, 2013, respectively.

On December 21, 2010, the lease contract concluded on December 21, 201 was concluded by the lessee as the spouse of the defendant, and on August 23, 2011, the lessee was changed to the defendant.

In this case, the defendant has no dispute between the parties as to the tenant's status, and the lessee's change is not a key issue, so the above facts are organized.

(hereinafter referred to as the “instant lease agreement” in combination with the above two lease agreements.

The Defendant operated a private teaching institute with the trade name “C” in the instant real estate.

On October 21, 2013, the Defendant notified the Plaintiff that the instant lease contract will not be renewed upon the termination of the termination.

E. On December 5, 2013, the Plaintiff returned KRW 20,000,000 out of the total amount of the lease deposit KRW 30,000,000 to the Defendant’s demand.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 4

2. Determination

A. According to the above facts finding as to the cause of the claim, the instant lease contract was terminated on December 20, 2013, and thus, barring any special circumstance, the Defendant is obligated to deliver the instant real estate to the Plaintiff, barring any special circumstance. The Defendant is obligated to pay unjust enrichment calculated at the rate of KRW 1,80,000 per month from February 21, 2014 to the date on which the delivery is completed, as the Defendant gains unjust enrichment equivalent to KRW 1,80,000 per month.

The Plaintiff is after the expiration date of the instant lease agreement.

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