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(영문) 춘천지방법원원주지원 2016.10.19 2015가단36128
건물명도 등
Text

1. The Defendant shall deliver each real estate listed in the separate sheet from September 15, 2016 to the Plaintiff from KRW 27,000,000.

Reasons

1. Basic facts

A. On September 30, 2010, the Plaintiff leased each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) to the Defendant on the basis of the following: (a) from October 15, 2010 to October 14, 2015, the lease deposit amount of KRW 30,000,000; (b) monthly rent of KRW 750,000 (reduction of KRW 630,000 on September 30, 2012); and (c) the rent of KRW 15,00 on the 15th day after each month (hereinafter “instant lease”); and (d) the Defendant paid the Plaintiff the lease deposit of KRW 30,00,000 at the time of the said lease.

B. On August 20, 2015, the Plaintiff sent to the Defendant a content-certified mail, including the declaration of intent to terminate the contract at the expiration of the instant lease agreement, to the effect that the Plaintiff would not renew the contract at the expiration of the term, and thereafter arrived at the Defendant.

C. On September 21, 2015, the Plaintiff returned KRW 3,000,000 out of the lease deposit under the instant lease agreement to the Defendant, and the Defendant paid the Plaintiff the amount calculated by applying the rate of KRW 630,000 per month, which is the amount equivalent to the rent, until September 14, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, 6, Eul evidence Nos. 1 and 5 (including each number), the purport of the whole pleadings

2. Determination

A. According to the above findings of the determination as to the cause of the claim, the instant lease agreement was terminated on October 14, 2015 at the expiration of the period.

Therefore, barring special circumstances, the Defendant is obligated to deliver the instant building to the Plaintiff upon the termination of the lease agreement and return unjust enrichment equivalent to the rent from the date of completion of delivery of the instant building to the Plaintiff.

B. At the same time, the Defendant’s defense against the first claim for the return of the lease deposit, etc., which is determined as to the Defendant’s defense, shall be the Plaintiff’s defense of simultaneous performance with the obligation to return the lease deposit amount of KRW 2

When the lease is terminated, the obligation to return the lease deposit and the obligation to deliver the leased object are concurrently performed, and the lease deposit shall be delivered until the object is delivered according to the termination of the lease contract.

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