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(영문) 창원지방법원밀양지원 2019.09.03 2018가단11697
건물명도(인도)
Text

1. The defendant shall pay 20,160,789 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

1. Basic facts

A. On November 208, the Plaintiff, as the owner of the building listed in the attached list (hereinafter “instant building”), leased 1 and 2 floors among the instant building to C for the purpose of collection from November 19, 2008 to November 18, 2009, with the lease deposit amount of KRW 30,000,000, monthly rent of KRW 1,600,000 (the first floor of KRW 90,000, KRW 700,000, KRW 19,000, and payment on November 19, 2009).

Since then, the Defendant paid C a lease deposit of KRW 30,00,000 to around March 2, 2010, and succeeded to the status of the lessee. On March 7, 2010, the Plaintiff, on March 7, 2010, leased the first and second floors of the instant building to the Defendant for the purpose of frequency collection identical to the previous ones until March 7, 2015, by setting the lease deposit of KRW 30,000,000, monthly rent of KRW 180,000 (payment of KRW 1,100,000, KRW 700,000, KRW 70,000, and KRW 7,000, monthly rent of the instant building) to the Defendant.

(hereinafter “instant lease agreement”). B.

The instant lease agreement was implicitly renewed several times, and on January 15, 2019, the Plaintiff sent to the Defendant a proof that the Plaintiff had no intention to renew the contract any longer upon the termination of the lease term as of March 7, 2019. The content certification reached the Defendant around that time.

C. After July 28, 2019, the Defendant: (a) did not use and benefit from the second floor of the instant building for the frequency of collection; (b) did not use and benefit from the second floor of the instant building for the purpose of collection; and (c) around July 25, 2019, the Defendant handed over the first floor of the instant building to the Plaintiff and delivered the keys to the Plaintiff.

On the other hand, the Defendant paid a total of KRW 156,90,000 to the Plaintiff from the date of conclusion of the instant lease agreement to July 30, 2018, as indicated in the details of payment of rent as shown in the attached Table.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 5 through 7 (including each number; hereinafter the same shall apply), Eul evidence 2 and 3, the purport of the whole pleadings and arguments

2. Determination as to the unpaid rent and the claim for return of unjust enrichment equivalent to the unpaid rent

A. The gist of the Plaintiff’s assertion is from May 7, 2010, which is the date of concluding the instant lease agreement to the Plaintiff.

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