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(영문) 인천지방법원 2015.02.12 2014가단221011
건물명도
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. As from February 15, 2015, the delivery of the said real estate.

Reasons

1. Basic facts

A. On April 15, 2009, the Plaintiff entered into a lease agreement with the Defendant, under the name of the representative of the C organization, with respect to the real estate listed in the attached Form (hereinafter “instant building”), for three years from April 15, 2009, by setting the deposit amount of KRW 50 million, monthly rent of KRW 500,000,000, and the period from April 15, 2009.

B. On April 15, 201, the Plaintiff concluded a renewal contract with the Defendant to increase the monthly rent to KRW 550,000,000, and to extend the period from April 15, 201 to two years. The Plaintiff agreed that “the time of extension of the period shall be one year,” as a special agreement at the time.

C. On May 31, 2013 and January 7, 2014, the Plaintiff expressed to the Defendant that no longer renewal of the lease agreement should be made by sending content-certified mail to the Defendant and notifying the termination of the lease agreement. Each of the above mail reached the Defendant.

The defendant is operating a child-care center in the building of this case until the closing date.

[Reasons for Recognition] Unsatisfy, Gap 1 to 4 each entry

2. According to the facts of the above recognition, since the lease contract for the building of this case was terminated, the defendant is obligated to deliver the building of this case to the plaintiff and pay the money calculated by the ratio of KRW 550,000 per month from February 15, 2015 to the completion date of delivery as unjust enrichment at the request of the plaintiff.

3. Therefore, we accept the Plaintiff’s claim.

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