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(영문) 제주지방법원 2016.11.25 2016가단4678
건물명도등
Text

1. The defendant shall be the plaintiff.

(a) Of the first floor of the building listed in the separate sheet, each point of the attached sheet Nos. 1, 2, 3, 4, and 1.

Reasons

On June 20, 2005, the Plaintiff: (a) indicated in the annexed Form No. 3,00,000, annual rent of KRW 5,000,000, and the term of lease from June 20, 2005 to June 19, 2007 (hereinafter “instant lease agreement”); (b) determined that the instant lease agreement was explicitly renewed on June 20, 2015, and the Plaintiff and the Defendant determined the annual rent of KRW 6,00,000,000 to the Defendant; and (c) determined that the instant lease agreement was cancelled on March 15, 2016 and March 17, 2016 to the effect that the Plaintiff did not dispute between the parties to the instant building and the entire parties to the instant lease.

According to the above facts, the lease contract of this case was terminated on June 19, 2016 due to the plaintiff's refusal to renew the lease contract of this case, except in extenuating circumstances.

Therefore, the defendant is obligated to deliver the building of this case to the plaintiff, and to pay unjust enrichment equivalent to the rent from June 21, 2016 to the completion date of delivery of the building as requested by the plaintiff.

Furthermore, with respect to the duty to return unjust enrichment, the fact that the annual rent of KRW 6,00,000 under the instant lease agreement was set from June 20, 2015 to June 19, 2016 is as seen earlier, and the rent after the lease period is confirmed to be the same amount. The Defendant is obligated to refund to the Plaintiff unjust enrichment of KRW 500,000 per month from June 21, 2016 to the delivery date of the instant building (i.e., annual rent of KRW 6,00,000 ± 12 months).

The judgment of the defendant's assertion is that the term of lease of this case was extended to two years upon the implied renewal of the lease contract of this case. The term of lease of this case was extended to June 20, 2015 upon the implied renewal of the lease contract of this case.

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