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(영문) 수원지방법원 안산지원 2018.07.19 2017가합6402
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) deliver each real estate listed in the annex 1 list;

B. Attached Table 1 from August 12, 2017 to Schedule 1.

Reasons

1. Basic facts

A. On December 31, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit of KRW 120 million for each of the instant real estate as the owner of each of the instant real estate listed in the attached Table 1 list (hereinafter “instant real estate”). From December 31, 2015, the Plaintiff entered into a lease agreement with the Defendant, setting the lease period of KRW 120 million for each of the instant real estate as the lease deposit amount of KRW 10 million, monthly rent of KRW 10 million (excluding value-added tax), from December 31, 2015 to December 31, 2017.

B. From around that time, the Defendant registered the business as indicated in the attached Table 2, and operated the restaurant in each of the instant real estate; due to aggravation of income, the Defendant failed to pay the Plaintiff a car from December 2016 to the Plaintiff.

C. Accordingly, on or around March 5, 2017, the Plaintiff may terminate the instant lease agreement if the delayed amount of the rent of the lessee under Article 4 of the instant lease agreement reaches three (3) years of the rent, or violated Article 3 on the grounds that the rent was unpaid to the Defendant.

Accordingly, the instant lease contract was terminated. D.

On the other hand, there is no balance of the security deposit if the sum of the rents unpaid from 120 million to 11 August 2017, 2017 of the lease deposit of this case is deducted.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 11, Eul evidence Nos. 1 and 2 (including branch numbers), the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the facts of recognition as to the claim for delivery of each of the instant real estate, the instant lease agreement was lawfully terminated on or around March 5, 2017 by the lessor’s declaration of termination, and thus, the Defendant, the lessee, is obligated to deliver each of the instant real estate to the Plaintiff as a reinstatement following the termination of the instant lease agreement.

B. The fact that the Defendant leased each of the instant real estate in order to operate the restaurant is prior to the determination of the claim for return of unjust enrichment equivalent to the rent.

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