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(영문) 수원지방법원 2016.12.08 2016가단18483
건물명도
Text

1. The Defendant: (a) from October 16, 2016 to October 11, 2016, the first floor of the building indicated in the attached Table 1 is 443.71 square meters from the Plaintiffs.

Reasons

1. Facts of recognition;

A. On September 15, 2012, the Plaintiffs, as co-owners of the buildings listed in the attached Table 1 list, set a lease deposit of KRW 1.28 square meters on the part of the store located in the ship (hereinafter “instant store”) connected each point of the attached Table 1, 2, 3, 4, and 1 among the 443.71 square meters of the 1st floor of the building in question to the Defendant on September 15, 2012, as the joint owners of the buildings listed in the attached Table 1 list, as the lease term of KRW 169.28 square meters of the part of the store in the ship connected each point in sequence with the Defendant, from November 30, 2012 to November 30, 2017, and around that time, the Defendant received KRW 1.27 billion of lease deposit from the Defendant and delivered the instant store to the Defendant, and operated the pharmacy at the said store.

After that, around March 6, 2013, the Plaintiffs paid the lease term with the Defendant from March 15, 2013 to March 15, 2018, and paid the monthly rent from March 15, 2013, and changed the total amount of six months from the first monthly rent to KRW 25 million (value-added tax separate), and returned the lease deposit to the Defendant.

B. From January 1, 2014 to April 2016, the Defendant paid 115,000,000 won out of 770,000,000 won (including value-added tax; hereinafter the same shall apply x 28 months) in total, and delayed the payment of the remainder of the rent, and the Plaintiffs sent to the Defendant a certificate proving that the termination of the instant lease agreement was notified due to the delinquency in payment of rent, and thereafter the said certificate reaches the Defendant around that time.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including branch numbers in case of additional number), the purport of the whole pleadings

2. According to the allegations and the above findings, the instant lease contract was terminated on or around April 15, 2016, and the Defendant, from the Plaintiffs, obtained from the Plaintiffs the remainder of the lease deposit amount of KRW 820,000,000,000 ( KRW 935,000,000 ( KRW 27,50,000 x 34 months x 34 months x 115,000), which is the remainder of the lease deposit amount of KRW 180,00,000,000 less the amount of overdue rent and unjust enrichment equivalent to the amount of the rent from January 1, 2014 to October 16, 2016).

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