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(영문) 서울중앙지방법원 2017.09.28 2016가단5249345
건물명도
Text

1. The defendant shall be the plaintiff.

A. At the same time, the Plaintiff received KRW 150,000,000 from the Plaintiff, among buildings listed in the attached Table.

Reasons

1. Basic facts

A. On August 5, 2014, C, as the husband of the Plaintiff, on behalf of the Plaintiff, concluded a contract to lease the instant building owned by the Plaintiff with D who represented the Defendant as the husband of the Defendant, with the following content (hereinafter “instant lease contract”).

B. The Defendant paid a total of KRW 300 million under the instant lease agreement, and transferred the status of lessee as to the first floor of the instant building to D with the consent of the Plaintiff on October 23, 2014 while entering the instant building and operating the coffee shop on the first floor, and on the second and third floors, dental hospitals, respectively.

C. However, after paying the rent for June 2016 for the second and third floors of the instant building, the Defendant did not pay the rent. Accordingly, the Plaintiff expressed his/her intent to terminate the instant lease contract through the instant complaint and served the Defendant on November 24, 2016.

Meanwhile, while the lawsuit of this case is pending, the Plaintiff received full payments of the rent of the second and third floors of the instant building or a considerable amount of unjust enrichment (8% increased from August 5, 2016, and KRW 9,504,000,800,000 ( KRW 8,800,000 x 8/100) up to August 4, 2017.

【Fact-finding without a dispute over the grounds for recognition, significant facts in the court, Gap evidence 1, Gap evidence 2 and 3, and the purport of the whole pleadings

2. The allegations and judgment of the parties

A. According to the Defendant’s delivery and unjust enrichment recognition, the instant lease agreement was lawfully terminated by the Plaintiff’s declaration of termination on the ground of the Defendant’s delinquency in payment of rent. Thus, the Defendant is obligated to deliver the second and third floors of the instant building to the Plaintiff, and to pay the Plaintiff the amount of unjust enrichment equivalent to the rent of KRW 9,504,00 each month from August 5, 2017 to the completion date of delivery, barring any special circumstance.

B. The defendant's defense.

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