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(영문) 대전지방법원 2018.08.17 2017가단24028 (1)
건물명도 등
Text

1. From 11,850,000 to 11,850,000 won from the Plaintiff, the Defendant indicated the annexed drawing among the buildings listed in the annexed sheet 1 from September 1, 2017.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the instant building, and the Defendant leased the instant building from the Plaintiff, and thereafter operates the instant building as the key up to the present day.

B. Around March 28, 2002, the Plaintiff entered into a lease agreement with the Defendant with a term of 12 months from April 1, 2002, lease deposit amounting to KRW 15 million, monthly rent amounting to KRW 300,000,000, and thereafter, the Plaintiff entered into an implied renewal or explicit renewal agreement as follows.

- Implied renewal by March 31, 2005 after the first lease agreement - From April 4, 2005, the deposit amount shall be reduced to KRW 13 million: the monthly rent shall be reduced to KRW 150,000,000,000,000; and the renewal contract around December 30, 201: the amount of the deposit shall be reduced to KRW 10,000,000,000,000 in monthly rent while maintaining the amount of the deposit - the renewal contract around March 30, 2016: the amount of the deposit shall be increased to KRW 150,000,000 in monthly rent while maintaining it as it is, and the term of the lease shall be extended to March

C. As above, the lease contract between the Plaintiff and the Defendant has been continued for more than 16 years, and the total monthly rent to be received by the Plaintiff as of August 31, 2017 is KRW 30,60,000 [the total monthly rent to be received by the Plaintiff is KRW 27,455,000 (the total monthly rent to be received by the Plaintiff is KRW 50,000,000,000,000,000,000,000,0000,000,000 won, which was omitted from the written complaint of KRW 26,9550,00,000 (Evidence No. 2,00,000,000,000,000,000,000,000).] The purport of the entire pleadings is without any grounds for recognition, as of May 27, 2013.

2. Determination

A. According to the above facts of recognition as the cause of the claim, a lease agreement between the Plaintiff and the Defendant regarding the instant building is implied or explicitly renewed, and the Plaintiff’s notice of termination of the contract on the ground of delinquency in rent for at least two years by the Defendant and the expiration of the lease term on March 30, 2018 is terminated, and thus, the Defendant is obliged to deliver the instant building to the Plaintiff and pay the Plaintiff the overdue rent and the amount of unjust enrichment equivalent to the overdue rent.

(b)amount of the overdue rent 1.

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