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(영문) 서울중앙지방법원 2018.09.04 2018가단16155
건물명도 등
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1. The defendant shall be the plaintiff.

(a) Indications of the attached Form No. 1, (2), (3), (4), (5), among the first floor of real estate display indicated in the attached list;

Reasons

1. In fact, the following facts do not conflict between the parties, or may be acknowledged by adding up the whole purport of the pleadings to each entry in Gap evidence Nos. 1-8.

On June 24, 2014, the Plaintiff entered into a lease agreement with the Defendant on the scale of 116.60 square meters (hereinafter “instant store”) of the leased deposit 30 million won, monthly rent of KRW 30,330,000 (including value-added tax, KRW 30,000,000 won per month), management expenses, monthly rent of KRW 10,000,000,000 won from June 30, 2014 to June 29, 2016.

B. The Defendant completed the interior construction and operated a restaurant at the instant store on July 2014, and did not pay the Plaintiff rent on the given date. The Defendant only paid KRW 46,880,000 on a intermittent basis from November 6, 2014 to January 5, 2018.

C. On January 6, 2017, the Plaintiff demanded the Defendant to pay the overdue rent, etc. by the content-certified mail until January 31, 2017. If not, the Plaintiff notified the Defendant that the instant lease contract was automatically terminated.

However, the defendant did not properly respond to this.

In addition, in the event that the Defendant did not pay the Plaintiff the instant store by February 28, 2018, which was in arrears on December 29, 2017, to the Plaintiff, the Defendant promised to provide the instant store at non-working intervals, but did not pay the said vehicle.

Meanwhile, the overdue rent, etc. of the Defendant is KRW 146,20,000 as of February 28, 2018, and the remaining overdue rent is KRW 69,320,00 if the Defendant deducts the lease deposit of KRW 30,00,000 and the rent of KRW 46,880,00 paid, then the overdue rent is KRW 69,320,00.

2. The Plaintiff seeks against the Defendant the return of unjust enrichment calculated by the ratio of KRW 3,400,00 per month from March 1, 2018 to the completion date of delivery of the said store.

In accordance with the above facts, this case is examined.

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