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(영문) 서울중앙지방법원 2015.11.12 2015가단5208286
건물명도
Text

1. The defendant is against the plaintiffs:

(a) deliver the real estate listed in the separate sheet;

B. India from September 21, 2015

Reasons

1. Facts of recognition;

A. The Defendant is a person who, around August 20, 2010, leased the said store from D with the owner of the real estate listed in the attached Table (hereinafter “instant store”) as of August 20, 201 and continues to run the clothing wholesale business under the trade name “E”.

B. The ownership of the instant store was transferred to F on June 15, 201, and was transferred to F again on June 16, 2014 to the Plaintiffs.

(1/2 of each of the plaintiffs' shares).

On July 7, 2014, the Plaintiffs and the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with the following terms.

Lease deposit: From August 21, 2014 to August 2015, 2015, the lease term of 4.95 million won per month (including additional tax of 4.5 million won): From August 21, 2014 to August 20, 2015

D. On May 27, 2015, the Plaintiffs notified the Defendant that they would not renew the instant lease agreement.

【Recognition of Fact-finding】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleadings

2. Determination

A. According to the above facts, the instant lease contract was terminated upon the lapse of August 20, 2015, and thus, the Defendant is obligated to deliver the instant store to the Plaintiffs, barring any special circumstance.

Meanwhile, since the Defendant occupies and uses the above store even after the termination of the instant lease agreement, it is necessary to return the unjust enrichment equivalent to the rent to the Plaintiffs from September 21, 2015, for which the Plaintiffs seek as payment of rent or unjust enrichment from September 20, 2015 (the Plaintiff is the person who received reimbursement of rent or unjust enrichment from September 20, 2015) after the termination of the said lease agreement.

Since it is confirmed that the rent after the termination of the lease contract is the same amount as the rent during the lease period, the defendant is obligated to pay the plaintiffs the amount calculated at the rate of KRW 4,950,000 per month during the above period.

B. As to this, the Defendant is stipulated in Article 10(1) of the Commercial Building Lease Protection Act (hereinafter “Commercial Building Lease Protection Act”).

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