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(영문) 광주지방법원 2015.10.28 2015가단20136
건물명도 등
Text

1. The Defendant: (a) from April 1, 2015 to April 3, 300,000 to April 1, 2015 to the completion date of the delivery of the commercial building as indicated in the attached Form 3,300.

Reasons

1. The fact of recognition that on June 7, 2010, the Plaintiff: (a) leased a commercial building listed in the separate sheet (hereinafter “instant commercial building”) to the Defendant KRW 50 million; (b) monthly rent of KRW 3.3 million (including value-added tax); (c) from July 7, 2010 to July 6, 201; (d) the Defendant agreed to reinstate the instant commercial building after the termination of the lease by a special contract of the said lease; (c) the said lease was explicitly renewed for three years; (d) the Plaintiff notified the Defendant of the refusal of renewal of the said lease; and (e) requested the presentation of the instant commercial building on June 5, 2014, and the Plaintiff rejected the said refusal of the renewal; and (e) the fact that the said commercial building has yet to be occupied by the parties concerned; or (e) there is no dispute between the parties concerned; or (e) the purport of the entire pleadings and arguments pursuant to subparagraph 1.

2. The parties' assertion

A. Since the lease of the instant commercial building was terminated at the expiration of the term, the Defendant shall restore the instant commercial building to its original state and order the Plaintiff, and the unpaid value-added tax and the unjust enrichment accrued from April 1, 2015 to the completion of the name of the instant commercial building shall be paid to the Plaintiff.

B. The Defendant asserts that the Defendant should be paid from the Plaintiff the lease deposit and the repair cost, the interior cost, and the director cost of the instant commercial building paid by the Defendant, and sought purchase of the facilities installed by the Defendant from the Plaintiff.

3. According to the fact of the above recognition, the lease of this case was terminated on July 6, 2014.

Therefore, the defendant is obligated to restore the commercial building of this case to its original state, and pay the unpaid rent to the plaintiff by the expiration date of the above lease, and is obligated to return unjust enrichment from the day following the expiration date of the above lease until the completion date of the delivery of the commercial building of this case.

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