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(영문) 인천지방법원부천지원 2015.09.09 2014가단42242
건물명도 등
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. The payment of KRW 22,00,000 is received from the Plaintiff (Counterclaim Defendant).

Reasons

1. The principal lawsuit and counterclaim shall also be deemed the facts of recognition;

A. B entered into a lease agreement with the Defendant on October 1, 2006 and leased the instant store to the Defendant.

At the time, the deposit for lease was set at KRW 22 million, KRW 1540,00 per month for rent (including value-added tax), and the period from October 1, 2007 for one year.

(hereinafter referred to as the “instant lease contract”) B.

The Defendant occupied and used the instant store under the instant lease agreement upon delivery from B, and the instant lease agreement was renewed on October 1, 2013 with the period extended until September 30, 2014.

C. On May 30, 2014, the Plaintiff purchased the instant building from B, and completed the registration of ownership transfer in the name of the Plaintiff on June 30, 2014, and succeeded to the lessor status of B against the Defendant.

From July 15, 2014 to July 29, 2014, the Plaintiff notified the Defendant that he/she had no intent to renew the instant lease contract at a multiple times and demanded to deliver the instant store at the expiration of the lease term.

E. Even after the expiration of the lease term, the Defendant paid the amount equivalent to the rent to the Plaintiff and did not pay the rent from August 1, 2015.

[Ground of recognition] Facts without dispute, Gap 1-3 evidence (including virtual number), the purport of the whole pleadings

2. Determination on the main claim

A. According to the fact that the lease termination and the obligation to return an object is recognized, the instant lease was terminated on September 30, 2014 due to the expiration of the lease term, and the Defendant gains unjust enrichment equivalent to the rent by occupying and using the instant store.

Therefore, the Defendant, barring special circumstances, is obligated to deliver the instant store to the Plaintiff, and pay the Plaintiff money calculated by the rate of KRW 1,540,000 per month from August 1, 2015 to the completion date of delivery of the instant store.

B. The defendant's defense 1) The defendant's consent to the lessor.

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