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(영문) 수원지방법원 2018.08.22 2017가단506017
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

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

B. From January 5, 2018, the above real estate.

Reasons

1. Basic facts

A. From October 2, 2014 to October 15, 2020, the Plaintiff entered into the instant lease agreement with the Defendant with regard to the instant real estate during the lease period from October 15, 2014 to October 15, 202; the lease deposit of KRW 100,000,000; the monthly rent of KRW 11,00,000; from October 15, 2014 to September 15, 2016; and from September 16, 2016 to September 15, 2018, the Plaintiff entered into the said lease agreement with the Defendant (hereinafter referred to as “instant lease agreement”).

B. Article 3 of the instant lease agreement provides, “The lessee may not change the purpose or structure of the instant real estate without the consent of the lessor, or sub-lease, lease, transfer the right to lease, or offer the security, and use it for any purpose other than the purpose of lease.” Article 4 of the instant lease agreement provides, “The lessor may terminate the contract immediately when the deferred amount of rent of the lessee falls short of the rent of two terms or violates Article 3.”

C. On November 2016, the Defendant changed the structure of part of the second floor of the instant real estate, which was used for the use of an office, etc., and remodeled the breeding ground of the instant real estate into the breeding ground of algae.

In addition, the Defendant did not pay rent exceeding the rent for the second period until February 2017, and on February 6, 2017, the Plaintiff notified the Defendant of the intention to terminate the instant lease agreement on the ground of the unauthorized change of use and delay in rent.

E. Meanwhile, the Plaintiff paid 78,750 won for environmental improvement charges of the instant real estate and 2,241,360 won for road occupation fees to be borne by the Defendant.

F. The Defendant’s unjust enrichment amounting to KRW 96,80,000 is the amount of the rent or the amount of the rent payable to the Plaintiff by January 3, 2018.

[Ground of Recognition] Facts without dispute, entries and images of Gap evidence 1 through 7 (including the number with each number), and the purport of the whole pleadings

2. According to the facts of the judgment on the grounds of the claim, the instant lease agreement was lawfully terminated by the Plaintiff’s notice of termination.

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