(영문) 창원지방법원 2017.06.01 2016가단112788

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(영문) 창원지방법원 2017.06.01 2016가단112788

건물

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1. The Plaintiff:

A. Defendant B shall receive KRW 16,00,000 from the Plaintiff and at the same time enter in the attached list.

Reasons

1. Basic facts

A. On April 14, 2007, the Plaintiff entered into a lease agreement with Defendant B by setting the lease deposit amount of KRW 10,000,000, monthly rent, and the lease term of KRW 200,000, monthly rent, from April 14, 2007 to April 14, 2008.

B. On February 28, 2009, upon the expiration of the above lease term, the Plaintiff and Defendant B implicitly renewed the lease term, and concluded the lease contract with the amount of KRW 12,500,000 per annum and KRW 100,000 per annum on the instant building.

C. On November 9, 2011, the Plaintiff and Defendant B entered into a lease agreement with the term of lease from November 9, 201 to November 24, 201, and KRW 15,000,000 for the instant building.

Since then C.

Even after the term of the lease agreement stated in the port was expired, the Plaintiff and Defendant C had renewed the lease agreement and had been residing in the instant building by Defendant C, who is an infant of Defendant B, until now, and the Defendants occupied and used the instant building.

(hereinafter referred to as “instant lease agreement” as a combination of each of the above lease agreements. [Grounds for recognition] There is no dispute, entry in Gap’s evidence Nos. 1 through 4, and the purport of the whole pleadings.

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The instant lease agreement was terminated by the Plaintiff’s declaration of termination on the ground of the leased body of Defendant B. The Defendant B, the lessee, is obligated to deliver the instant building to the Plaintiff, and to pay the Plaintiff the rent or unjust enrichment equivalent to the rent, calculated at the rate of KRW 50,00 per month from March 9, 2016 to the completion date of delivery of the instant building, from March 9, 2016 to the date of delivery of the instant building. Defendant C, who occupies the instant building, has the duty to leave the instant building from the instant building. (2) The Defendants did not set the Plaintiff’s rent at KRW 50,00 per month. The Plaintiff’s lease deposit at KRW 15,00,000 and the costs of installing boiler 1,060.

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