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(영문) 서울서부지방법원 2019.02.28 2018가단9688
건물명도등
Text

1. The Defendant received KRW 39,770,000 from the Plaintiff simultaneously with the Plaintiff’s payment:

A. Attached “Real Estate Indication”.

Reasons

1. Facts of recognition;

A. (1) On September 24, 2016, the Plaintiff entered into the instant lease agreement, etc.) real estate indicated in the “real estate indication” with the Defendant and the attached Form “real estate indication” (hereinafter “instant real estate”).

(C) the lease agreement of this case (hereinafter referred to as "the lease agreement of this case") between 50 million won, 3410,000 won per month of rent (including value-added tax) and September 23, 2021.

(2) The Defendant, from around that time, combines the six floors including the instant real estate as one of the six floors and removes all the facilities, such as the list of facilities in the attached Form, and newly operates the restaurant facilities and the ceiling facilities and the floor strawing restaurant after the new anniversary of the facility.

B. On June 11, 2018, the Plaintiff sent to the Defendant a content-certified mail that the instant lease contract was terminated on the ground of three or more vehicles of rent delay until the end of May 2018, and the content-certified mail sent to the Defendant around that time.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 9 (including branch numbers in case of additional number), the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the facts as seen earlier prior to the determination of the request for restitution and the request for extradition, the instant lease agreement is deemed terminated on the ground of the Defendant’s delinquency in rent exceeding three times. Therefore, barring any special circumstance, the Defendant is obligated to remove the restaurant facilities and the tent facilities installed by himself/herself, and restore the relevant property to the Plaintiff, as indicated in the separate sheet of original state facilities, and then deliver the instant property to the Plaintiff.

B. According to the facts acknowledged prior to the determination of the rent claim in arrears, the Defendant is obligated to pay the Plaintiff a total of KRW 1,023,000 (=3.10,000 per month x 3 months) of the unpaid rent by the end of May 2018.

C. The facts leading up to 3410,000 won are the monthly rent according to the instant lease agreement, in determining the claim for return of unjust enrichment equivalent to the rent.

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