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(영문) 서울서부지방법원 2018.07.18 2018가단202500
건물명도(인도)
Text

1. The Defendants jointly do so to the Plaintiff:

(a) deliver the second floor of 383.57 square meters among the real estate listed in the attached list;

B. Newly Inserted by Presidential Decree No. 2890, Dec. 1, 2

Reasons

1. Facts of recognition;

A. On December 1, 2016, the Plaintiff entered into a lease agreement with Defendant B and the Plaintiff, a title holder of a galloning business, on the two-story 383.57 square meters (hereinafter “instant real estate”), among the real estate listed in the separate sheet owned by the Plaintiff, with regard to the term of the contract from December 25, 2016 to December 24, 2017 (12 months), the lease deposit amount of KRW 10 million, the lease deposit of KRW 60 million, and the annual rent of KRW 60 million.

B. Defendant B paid only KRW 5 million to the Plaintiff with the lease deposit of KRW 10 million and the rent of KRW 5,500,000, and Defendant C, her husband, actually operates a gallon in the instant real estate.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 3 (including virtual numbers), and the purport of the whole pleadings

2. According to the facts found above, the above lease contract was terminated on December 24, 2017.

As to this, the defendants asserted that the implied renewal was made, but in full view of the purport of the argument in Gap evidence No. 4, the defendants agreed to resolve the plaintiff's rent demand by October 2017, but failed to comply with the promise, and the plaintiff's urging continued to have a new lessee, so it can be recognized that the defendants intended to use the real estate of this case by the expiration date. In light of the period of overdue payment, the amount of overdue payment, and the attitude of the plaintiff and the defendants taken with respect to the overdue payment, it is reasonable to deem that the plaintiff and the defendant Eul agreed to terminate the lease relationship on the expiration date of the above contract, and therefore the above argument by the defendants cannot be accepted.

Therefore, the Defendants jointly deliver the instant real estate to the Plaintiff. From December 25, 2017 on the date following the expiration date of the said lease to December 25, 2017, the Defendants are obligated to pay the Plaintiff the amount of unjust enrichment on the leased party, calculated by the ratio of KRW 5.5 million (including additional tax) per annum 66 million x 1/12) per month from the day following the expiration date of the said lease to the day on which the delivery of the said real estate is completed. Defendant B is obligated to pay the amount of unjust enrichment on the leased party, and Defendant B is obligated to pay the amount of overdue rent 60 million won =

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