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(영문) 서울중앙지방법원 2018.06.11 2017가단5163868
건물명도(인도)
Text

1. The defendant shall receive KRW 20,570,000 from the plaintiff and at the same time, the first floor of the building indicated in the attached Table to the plaintiff.

Reasons

1. Facts of recognition;

A. On June 23, 2015, the Plaintiff leased the instant commercial building to the Defendant by determining to pay KRW 50,000,000 to the Defendant the lease deposit, KRW 2,700,000 per month during the lease period from July 13, 2015 to July 12, 2018 (excluding value-added tax), and KRW 300,000 per month during the management expenses (hereinafter “the instant lease”).

B. The Defendant did not pay the rent and management expenses as of August 2016, 12, 2017, and May 7, 2017. On July 20, 2017, the Plaintiff notified the Defendant that he would terminate the instant lease if he did not pay the rent and management expenses in arrears to the Defendant by August 5, 2017.

On August 18, 2017, the Plaintiff sent the content-certified mail stating the termination of the lease of this case (hereinafter “instant content-certified mail”) and the said mail was sent.

8. 22. The defendant was served.

C. The Defendant operated a restaurant in the instant commercial building until October 10, 2017, and restored the instant commercial building to its original state around March 2018.

[Reasons for Recognition] Facts without dispute, Gap 1 to 4 evidence, Eul 1 to 3 evidence (including branch numbers in case of additional number) and the purport of the whole pleadings

2. The parties' assertion

A. On August 22, 2017, when the mail verifying the content of the instant case’s assertion reached the Defendant, the instant lease was terminated, and on March 28, 2018, the sum of the Plaintiff’s overdue rent and delay damages, and restitution costs of KRW 4,00,000 exceeds the lease deposit value of the instant lease. As such, the Defendant is obligated to deliver the instant commercial building to the Plaintiff, and pay KRW 3,170,000 per month by unjust enrichment equivalent to rent and management expenses from March 28, 2018 to the time of delivery.

B. The Defendant alleged that the instant commercial building was operated by October 10, 2017, and thus, the Defendant was obligated to deliver the instant commercial building to the Plaintiff at the same time, at the same time, the amount calculated by deducting the amount of unjust enrichment equivalent to the rent and rent from the deposit for lease of the instant building up to the said time.

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