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(영문) 울산지방법원 2017.02.17 2016가단53519
건물명도
Text

1. The defendant shall be the plaintiff.

(a) deliver 127.74 square meters per floor of the building in Ulsan-gu, Ulsan-gu;

(b)payment of 2,480,000 won;

Reasons

1. Basic facts

A. On January 21, 2014, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with D, setting a deposit of KRW 10 million, monthly rent of KRW 1.2 million, and the lease period of KRW 24 months with respect to the instant building. From April 1, 2014, the Defendant operated the restaurant business under the trade name “E coffee specialty store” in the instant building.

B. On July 25, 2015, the Plaintiff purchased the instant building from the foregoing D, and the same year.

8. 31. Ulsan District Court’s registration and receipt No. 193026 completed the registration of ownership transfer.

C. Meanwhile, until August 22, 2014, the Defendant did not pay KRW 4,295,000 for monthly rent of at least three months under the instant lease agreement to the said D.

On September 20, 2015, the Plaintiff agreed to terminate the instant lease agreement with the Defendant, and to deliver the instant building by October 30, 2015, but to settle rent on the basis of the delivery date of the building.

(hereinafter referred to as the “instant termination agreement”). E.

Since then, from January 1, 2016 to May 1, 2016, the Defendant paid to the Plaintiff a total of KRW 7.2 million as follows.

The number of payment dates of 1,200,000 on January 1, 2016, 200 1,200 on February 1, 2016:

2. The parties' assertion

A. The Plaintiff asserts that the instant lease agreement was lawfully terminated under the instant termination agreement, or terminated on January 21, 2016 due to the expiration of the period of January 21, 2016, the Defendant is obligated to deliver the instant building to the Plaintiff, remove the toilets installed without permission by the Defendant, and pay unjust enrichment equivalent to the rent.

B. As to this, the Defendant’s instant termination agreement is null and void as it was concluded by the Plaintiff’s coercion, etc., and the instant lease agreement is a commercial building lease agreement, and thus, the lease period for five years.

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