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(영문) 서울중앙지방법원 2017.07.06 2016가단20532
건물명도
Text

1. The Defendants jointly do so to the Plaintiff:

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

(b) 2080,000 won and this;

Reasons

1. Facts of recognition;

A. On March 30, 2009, the Plaintiff (Lessee) concluded a lease agreement with the Defendants on each of the buildings listed in the separate sheet (hereinafter “instant store”) (hereinafter “instant lease agreement”) and concluded a lease agreement again on March 30, 2013, which is renewed from March 30, 2013 to March 29, 2016 (hereinafter “instant lease agreement”).

B. On January 29, 2016, the Plaintiff sent to the Defendants a content-certified mail to the effect that the contract for the delay of rent for more than two years is terminated on the grounds of termination of the contract or termination of the contract on the grounds of expiration of the lease term. The above content-certified mail reached the Defendants around that time.

C. The Defendants were unable to pay part of the monthly rent during the lease term of this case or were in arrears from time to time, and continued to use and benefit from the instant store without the Plaintiff’s consent even after the lease term of this case expires, and the sum of the monthly rent in arrears as of November 29, 2016 is KRW 120,000,000.

The above amount is the amount calculated when the amount of unjust enrichment of the tea party is calculated as KRW 11.6 million per month.

[Ground of recognition] Facts without dispute, Gap 1, 2, 6, and 7's statements, the purport of the whole pleadings

2. Determination

A. According to the above facts, the instant lease agreement is deemed to have been terminated upon the Defendants’ legitimate termination notice following the delinquency in payment of rent or the expiration of the instant lease term. Therefore, the Defendants are obligated to deliver the instant store to the Plaintiff. As to this, the Defendants exercised the Defendants’ right to request the renewal of the contract under the Commercial Building Lease Protection Act as to the instant building on February 24, 2016. However, the said agreement on the instant building contains monthly rent.

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