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(영문) 대구지방법원 2017.12.21 2017가단105101
건물명도(인도)
Text

1.(a)

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is a general restaurant of the first floor among the real estate marked in attached Form 1 from the Plaintiff (Counterclaim Defendant) 92.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The plaintiffs share the attached Form 1 real estate as 1/2 shares.

B. On November 29, 2012, Plaintiff A, on behalf of the Plaintiffs, leased the following: (a) on the part of the Plaintiffs, a general restaurant of No. D 1st floor, general restaurant of No. D 92.87m (hereinafter “instant restaurant”) with the lease deposit of KRW 15 million; (b) monthly rent of KRW 600,000; and (c) the lease period of November 7, 2014.

C. The Defendant operated the restaurant “E” at the instant restaurant.

Plaintiff

A on November 24, 2016, on behalf of the Plaintiffs, concluded a contract with the Defendant raising the monthly rent of KRW 700,000,000 on behalf of the Plaintiffs, and the term of lease extended by November 24, 2018.

E. On December 2016, the Plaintiffs and the Defendant agreed to terminate the said lease agreement.

F. Accordingly, on January 4, 2017, the Defendant gave the key to the entrance door of the instant restaurant to the Plaintiff side. On January 5, 2017, the Plaintiffs paid the remainder 13.8 million won of the lease deposit after deducting the overdue monthly rent from the Defendant on January 5, 2017.

[Ground] Facts without dispute, entry of Gap 1 through 5 (including provisional number), the purport of the whole pleadings

2. Determination as to the principal lawsuit

A. As to the primary claim, the Defendant agreed to receive the lease deposit at the time of termination of the lease agreement at the end of December 2016, and thus, deliver the instant restaurant in accordance with the agreement. Moreover, even if the Defendant received the lease deposit on January 5, 2017, he/she occupied and used the instant restaurant without delivering the instant restaurant, the Defendant shall pay unjust enrichment of KRW 70,000 per month from January 6, 2017, the following day after the receipt of the lease deposit. (2) As seen above, the Defendant sent the key of the entrance door of the instant restaurant to the Plaintiffs on January 4, 2017. Accordingly, the Defendant is deemed to have delivered the instant restaurant to the Plaintiffs.

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