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(영문) 수원지방법원성남지원 2016.03.24 2015가단28431
건물인도
Text

1. The first floor of the building indicated in the attached Form from March 4, 2016 to the Plaintiff (Counterclaim Defendant).

Reasons

1. As to the Plaintiff’s principal lawsuit and the Defendant’s counterclaim for refund of deposit for lease

A. 1) On May 30, 2005, the Plaintiff first leased the instant building part to the Defendant, and the Defendant operated the restaurant in the name of “C” in the instant building part. 2) On September 29, 2013, the Plaintiff entered into a lease agreement with the Defendant by setting the lease deposit amount of KRW 30 million, KRW 1.65 million, KRW 1.65 million, KRW 1.65 million, and the term of lease from September 29, 2013 to September 28, 2014, with the same condition as the said agreement was renewed on September 29, 2014.

3) On June 29, 2015, the Plaintiff notified the Defendant that the lease contract would no longer be renewed. 4) The Plaintiff was paid from the Defendant the rent or unjust enrichment equivalent to the rent by not later than the date of closing argument ( March 3, 2016).

B. The lease agreement between the original Defendant was terminated September 28, 2015 due to the Plaintiff’s refusal to renew and the expiration of the lease term.

Therefore, the Defendant is obligated to deliver the part of the instant building to the Plaintiff and pay unjust enrichment equivalent to the rent calculated by the ratio of KRW 1.65 million per month from March 4, 2016 to the delivery date.

In addition, the Plaintiff is obligated to refund the remainder of the lease deposit to the Defendant after deducting the amount of unjust enrichment equivalent to the rent from March 4, 2016 to the delivery date from KRW 30 million.

And these obligations are simultaneously performed.

2. As to the defendant's counterclaim for damages

A. The Defendant asserted on July 21, 2015, concluded a premium contract with D and D for KRW 150 million with respect to the instant building portion, and arranged to conclude a lease contract with D.

However, the Plaintiff refused to enter into a lease agreement with D without justifiable grounds.

Therefore, the Plaintiff is obliged to compensate the Defendant for the damages of KRW 150 million incurred by the Defendant due to interference with the collection of premiums.

(b) Determination 1 lessors shall expire three months after the lease period expires.

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