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(영문) 대구지방법원서부지원 2014.10.08 2014가단14119
건물명도
Text

1. The defendant shall be the plaintiff.

A. At the same time, the Plaintiff received KRW 35,00,000 from the Plaintiff, the real estate stated in the attached Table.

Reasons

1. Determination as to the cause of claim

A. From April 25, 2006, the Plaintiff leased from around April 25, 2006, to the Defendant the part (A) inside the ship connecting each point of Section 1, 2, 3, 4, 5, 6, 1, among the real estate listed in the attached list, the following: (a) the Plaintiff leased the instant building to the Defendant by setting the lease deposit amount of KRW 35 million; (b) the rent of KRW 726,00 (payment on April 25, 201); and (c) the lease period from April 24, 2014, by setting the lease deposit amount of the instant building to April 24, 2014.

(hereinafter “instant lease agreement”). On August 16, 2012, the Plaintiff purchased the entire shares of C on the instant building.

After paying the above lease deposit, the defendant is operating a sports machine sales store with the trade name D after receiving delivery of the building of this case.

On March 5, 2014, the Plaintiff notified the Defendant of the refusal of renewal.

[Ground of recognition] Facts without dispute, entry of Gap 1, 2 and Eul 1 evidence, the purport of the whole pleadings

B. According to the above facts, the instant lease agreement has expired on April 24, 2014, which is the expiration date, and the expiration date has expired, and as so, the Defendant is obligated to deliver the instant building to the Plaintiff at the same time with the payment of KRW 35 million from the Plaintiff as requested by the Plaintiff.

In addition, the Defendant is obligated to return the unjust enrichment equivalent to the rent to the Plaintiff up to the time when he/she occupies the instant building even after the termination of the instant lease agreement. Since the termination of the instant lease agreement, it is ratified that the rent is the same as the rent during the lease agreement period, the Defendant is obligated to return the unjust enrichment calculated at the rate of KRW 726,00 per month from August 25, 2014 to August 726, 200, as the Plaintiff seeks.

2. Judgment on the defendant's assertion

A. The Defendant, around January 20, 2014, concluded the instant lease agreement with the Plaintiff.

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