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(영문) 서울중앙지방법원 2019.01.22 2018나42544
건물명도 등 청구의 소
Text

1. The judgment of the court of first instance is modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall be from the Plaintiff (Counterclaim Defendant) on 10,000.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On April 20, 2008, the Plaintiffs concluded a lease contract with the Defendant for the instant store and leased it to the Defendant. Thereafter, the Plaintiffs and the Defendant concluded a lease contract with the terms that the lease contract is renewed several times on October 20, 2016, and that the contract is renewed on October 20, 2016, the deposit amount of KRW 10,000,000, value-added tax of KRW 110,000,000, value-added tax of KRW 110,000,000, and cleaning expenses of KRW 20,000,000) and the period of which is October 20, 2017.

(hereinafter “instant lease agreement”). The Defendant paid 10,000,000 won to the Plaintiffs.

B. The Plaintiffs are as of August 18, 2017.

9. 19. notified the Defendant that the instant lease cannot be renewed.

C. Since the first lease of the instant store, the Defendant continued to use the instant store as a licensed real estate agent office, and did not pay any rent prior to the conclusion of the instant lease agreement. Even after concluding the instant lease agreement, the Defendant continued to pay the Plaintiffs the rent of KRW 1,230,000 per month or the monthly rent equivalent to the said monthly rent.

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 3 and 7 (including branch numbers), and the purport of the whole pleadings

2. Judgment on the plaintiffs' main claim

A. 1) First, according to the facts as to the Plaintiffs’ request for extradition, the instant lease contract expired on October 20, 2017, and barring special circumstances, the Defendant is obligated to deliver the instant store to the Plaintiffs, barring any special circumstance. 2) Next, the Plaintiffs continued to occupy and use the instant store even after the termination of the instant lease contract. As such, the Defendant is obliged to return to the Plaintiffs unjust enrichment equivalent to KRW 1,230,000 monthly from October 21, 2017 to the completion date of delivery of the instant store.

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