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(영문) 서울남부지방법원 2016.11.10 2016가단8156
건물인도
Text

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

(a) deliver the real estate listed in the separate sheet;

(b) 9,155.

Reasons

1. Basic facts

A. On April 16, 2013, the Plaintiff entered into a lease agreement with the Defendant on the real estate listed in the separate sheet (hereinafter “instant real estate”) with regard to the real estate (hereinafter “instant real estate”). As to the deposit amounting to KRW 30 million, monthly renting to KRW 1.6 million, and the term of lease from April 16, 2013 to 24 months (see Evidence 2 of the instant lease agreement; hereinafter “instant lease agreement”).

B. In relation to the instant lease agreement, the Defendant paid KRW 10 million to the former lessee C as the premium set forth in the premium set. On April 16, 2013, the Defendant transferred the instant lease deposit amount of KRW 30 million to the Plaintiff and operated a car page with the name of “D” upon delivery of the instant real estate.

C. The Defendant paid KRW 1650,000 per month, including water supply costs, to the Plaintiff and began to delay the payment of the rent from May 2014. The sum of the monthly rent paid by the Defendant constitutes the amount equivalent to the rent by June 15, 2014.

(see Evidence A 5-1). (d)

The Defendant suspended its business from January 2016, and around June 13, 2016, the Plaintiff had the key to the instant real estate, but still remains in the instant real estate.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 5, 26 evidence, Eul evidence 9 and 12, and the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The gist of the Plaintiff’s assertion 1) The Plaintiff asserts that: (a) the Defendant delayed to pay the monthly rent from June 16, 2014 to February 15, 2016; and (b) the Defendant notified the Defendant of the termination of the instant lease agreement with the content certification as of February 22, 2016; (c) the Defendant is obligated to deliver the instant real estate to the Plaintiff; and (d) return the unjust enrichment calculated at the rate of KRW 32 million and KRW 1.6 million from February 16, 2016 to the completion date of delivery of the said real estate; and (e) the Defendant is the Plaintiff and the Defendant, as of April 2, 2015, at the time of the termination of the instant lease agreement.

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