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(영문) 서울서부지방법원 2016.10.11 2016가단226144
건물명도
Text

1. The defendant shall receive KRW 3,000,000 from the plaintiff, and at the same time, shall be the building stated in the attached Table to the plaintiff.

Reasons

1. Basic facts

A. On June 18, 201, the Plaintiff leased real estate listed in the attached list owned by the Plaintiff (hereinafter “instant real estate”) to the Defendant by setting the lease deposit amount of KRW 3,00,000, monthly rent of KRW 400,000, and the lease term from June 18, 201 to June 18, 2013.

(hereinafter “instant lease agreement”). B.

While the instant lease contract was implicitly renewed, the Plaintiff sent to the Defendant a certificate stating that “the instant real estate was handed over until February 28, 2016, because the lease contract term has expired,” as of November 25, 2015, and that “the Defendant did not comply with the foregoing,” and re-certified the content that “the instant real estate was handed over until June 18, 2016, because the lease contract term has expired.”

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 and 2, the purport of the whole pleadings

2. According to the above facts finding, the instant lease agreement, which was implicitly renewed by the Defendant, was terminated on June 18, 2016, to the effect that the Plaintiff refused to renew the instant lease agreement, was terminated at the expiration of the period on April 8, 2016.

Therefore, the defendant is obligated to deliver the real estate of this case to the plaintiff.

On the other hand, the defendant set up a defense of simultaneous performance of the lease deposit, and the obligation to return the lease deposit after deducting the lessee's obligation to return the object due to the termination of the lease contract and the lessor's obligation to return the remainder after deducting the lessor'

Therefore, the defendant is obligated to deliver the real estate of this case as well as return of KRW 3,000,000 from the plaintiff.

Meanwhile, the Plaintiff sought unjust enrichment from the possession of the instant real estate after the termination of the lease agreement term, and the amount should be deemed to be KRW 400,000 per month, which is the amount of rent under the instant lease agreement, barring any special circumstances.

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