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(영문) 창원지방법원통영지원 2019.06.04 2019가단172
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

B. From April 22, 2019, the above-mentioned A

subsection (b).

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with respect to the building listed in the attached list owned by the Plaintiff (hereinafter “instant commercial building”) by setting the lease deposit amount of KRW 20,000,000, monthly rent of KRW 2,300,000 (after the end of each month), and the lease period from November 1, 2017 to October 31, 2020 (hereinafter “instant lease agreement”).

B. The Defendant paid KRW 20,000,000 to the Plaintiff under the instant lease agreement, and had been transferred the instant commercial building from the Plaintiff and used it as a store.

C. The Defendant paid up to June 2018 the Plaintiff the instant lease agreement to the Plaintiff, but did not pay the subsequent rent. On December 6, 2018, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the ground of delinquency in rent by mail proving the content thereof.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above fact-finding on the claim for commercial transfer and rent, etc., the above lease agreement was duly terminated on December 6, 2018, which was notified by the Plaintiff on the ground of the Defendant’s delinquency in payment of more than three rents, and thus, the Defendant did not delay the payment of more than three rents, and thus the right to terminate the lease agreement of this case was created to the Plaintiff under Article 10-8 of the Commercial Building Lease Protection Act.

Therefore, barring special circumstances, the Defendant is obligated to deliver the instant building to the Plaintiff upon the termination of the instant lease agreement to its original state, and to pay to the Plaintiff the amount calculated at the rate of KRW 2,300,000 per month from April 22, 2019 to the completion date of delivery of the instant commercial building, as claimed by the Plaintiff, due to the return of unjust enrichment equivalent to the rent.

The sum of rent or rent generated from July 31, 2018 to April 21, 2019, according to the Plaintiff’s claim, from KRW 20,000,000 paid to the Plaintiff by the Defendant.

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