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(영문) 춘천지방법원 속초지원 2018.08.10 2017가단1952
건물명도 등
Text

1. From 7,600,000 to 7,600 won, the Defendant shall deliver the real estate listed in the separate sheet from June 20, 2018 to the completion date of delivery of the real estate.

Reasons

1. Basic facts

A. On April 20, 2013, the Plaintiff entered into a lease agreement with the Defendant to lease the real estate listed in the separate sheet (hereinafter “instant building”) as follows (hereinafter “instant lease”). On the same day, the Plaintiff handed over the instant building to the Defendant.

Deposit: 50,000 won per month (payment on 20,000 won per month, in advance): The contract shall be terminated when the rent for 24 months or more is overdue.

(b).

Even after the expiration of the term of this case, the lease contract of this case was renewed and maintained, and the defendant occupies the building of this case and continues to operate the restaurant business until now.

C. The Defendant paid to the Plaintiff KRW 31,700,000 in total, as stated in the attached rent payment statement.

By May 31, 2018, the sum of the rent or unjust enrichment equivalent to the rent that the Defendant claimed to have paid by the end of May 31, 2018, KRW 31,289,94 (see, e.g., evidence Nos. 1 through 9) is less than the sum of the rent or unjust enrichment equivalent to the rent that the Plaintiff paid during the same period is less than 31,70,000,000 in the sum of the rent or the rent corresponding to the rent that the Plaintiff paid as stated in the attached rent. Therefore, it is deemed that the Defendant paid the amount of unjust enrichment equivalent to the rent or the rent as stated in the attached rent.

The plaintiff declared that the lease contract of this case is terminated on the ground of the delinquency in rent by the delivery of the duplicate of the complaint of this case.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 6, Eul evidence 1 (including additional number), the purport of whole pleadings

2. Determination

A. According to the above facts, at the time of November 1, 2017, when a duplicate of the complaint of this case was served on the Defendant, the Defendant, at least three times up to a total of KRW 4,100,000, as follows, provided that the lease contract of this case can be terminated at the time of delinquency in rent for not less than two months under the lease contract of this case, but the lessee, which is a mandatory provision of the size of the complaint, is the lessee.

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