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(영문) 서울중앙지방법원 2019.12.17 2019가단7394
건물인도등 청구의 소
Text

1. The defendant shall be the plaintiff.

(a) Attached Form 2 drawings, (1), (2), (3), (4), (5), and (1) of the 1st floor of the building listed in the attached Table 1 list;

Reasons

1. Basic facts

A. On September 16, 2014, the owner of the building indicated in the attached Table 1 list, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on a part of the first floor of the said building (hereinafter “the part on a ship connected with each point in sequential order”) and two floors (attached Form 3: 6, 7, 8, 9, 9, 34.56 square meters in total; hereinafter “instant store”). The Plaintiff delivered the instant store to the Defendant by setting the lease deposit amount of KRW 18 million and KRW 2.6 million in monthly rent (excluding value-added tax), and the lease agreement (hereinafter “instant lease agreement”) for a period from September 17, 2014 to 12 months.

B. The instant lease agreement has been renewed, and the Defendant did not pay a rent after March 2018, and the content-certified mail stating the Plaintiff’s declaration of intent to terminate the instant lease on the grounds of overdue rent reaches the Defendant on December 21, 2018.

C. The Defendant paid to the Plaintiff KRW 16.3 million on March 22, 2019, and KRW 7.588 million on April 30, 2019, out of the rent in arrears, to the Plaintiff KRW 20 million on July 6, 2019.

The defendant has been operating the "C" office at the store of this case until now.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence No. 1, the purport of the whole pleadings

2. According to the above facts of determination, the instant lease agreement was terminated on December 21, 2018 due to the Defendant’s delinquency in rent, and the Defendant is obligated to deliver the instant store to the Plaintiff, pay the Plaintiff the overdue rent or the amount of unjust enrichment equivalent to the overdue rent from July 6, 2019 to July 6, 2019, and pay the amount calculated by the ratio of KRW 2860,000 per month from July 7, 2019 to the delivery date of the instant store as unjust enrichment.

The plaintiff's claim is accepted within the scope of the above recognition, and the remainder is dismissed.

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