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(영문) 춘천지방법원속초지원 2015.12.08 2015가단1729
건물명도 등
Text

1. The Defendant: from July 6, 2015 to July 1, 2015, at KRW 30,000,000 from the Plaintiff, until the completion date of delivery of the following real estate.

Reasons

1.The following facts of recognition may be found either in dispute between the parties or in full view of the respective entries in Gap evidence 1 to 3 (including paper numbers) and the whole purport of the pleadings:

On July 6, 2010, the Plaintiff leased a deposit deposit of KRW 30,00,000, monthly rent of KRW 80,000, and two years for lease (hereinafter “the lease of this case”) to the Defendant on the same day, among the buildings listed in the separate sheet, the part of “A” (hereinafter “the store of this case”) connected with each point of the separate sheet Nos. 1, 2, 3, 4, 5, 6, and 112.7 square meters in sequence among the buildings listed in the separate sheet, and delivered the above store to the Defendant on the same day.

B. The instant lease agreement has been implicitly renewed after July 5, 2012, which is the expiration date of the said lease agreement.

C. From April 1, 2015, the Plaintiff expressed his/her intent to the Defendant that the above lease agreement is terminated on July 5, 2015, on three occasions.

2. Determination

A. 1) According to the above facts, the instant lease contract was terminated on July 5, 2015, barring any special circumstance, and the Defendant is obligated to deliver the instant lease contract to the Plaintiff and pay the Plaintiff the amount of unjust enrichment equivalent to the rent of KRW 800,000 per month from the day after the date of termination of the lease contract until the day after delivery is completed. 2) The Defendant asserted that the Plaintiff would receive the lease deposit from the Plaintiff and deliver the instant store. Thus, the Defendant secured the rental payment obligation arising from the time the Defendant actually returns the instant store after the termination of the lease. In this case, the obligation to deliver the said store and the obligation to return the remainder of the deposit amount deducted from the foregoing security deposit is in simultaneous performance relationship. The Defendant obtained from the Plaintiff the remainder of the amount calculated by deducting the amount of unjust enrichment of KRW 80,00 from July 6, 2015 to the day after the termination of the lease.

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