(영문) 대전지방법원 공주지원 2018.02.08 2017가단1607

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(영문) 대전지방법원 공주지원 2018.02.08 2017가단1607

건물명도

Text

1. The defendant shall be the plaintiff.

(a) issuing an order to indicate the buildings indicated in the annex real estate;

(b) pay 24,440,000 won;

Reasons

1. Determination on the cause of the claim

A. According to the purport of Gap evidence Nos. 3, 4, and Eul evidence Nos. 1-3 as to the claim portion of the store name map, delayed rent, and value-added tax, the Plaintiff entered into a lease agreement with the Defendant on July 22, 2014 with respect to the store indicated on the attached real estate (hereinafter “instant store”) with the Defendant as to deposit 5,00,000, monthly rent of KRW 800,000 (value-added tax separate, monthly rent of KRW 2,000, and July 21, 2020 (hereinafter “instant contract”), and around that time, delivered the instant store to the Defendant on July 21, 2020. The Defendant did not pay the Plaintiff monthly rent under the instant contract from Jun. 2015 to Oct. 4, 2016.

According to the above facts, the contract of this case is judged to have been lawfully terminated according to the plaintiff's declaration of termination.

Therefore, barring special circumstances, the Defendant ordered the instant store to the Plaintiff, and from June 2015 to October 5, 2016 when the Defendant delayed the payment of rent under the instant contract, the sum of 14,960,000 won per month under the instant contract and value added tax according to the monthly rent of 80,000 won per month under the instant contract from around June 2015 to around October 5, 2016, and 17 months from the date following the termination date of the instant contract (=(80,000 won x 80,000 won) x 17 months) and from the date following the termination date of the instant contract to September 2017 as sought by the Plaintiff, value added tax 9,680,00 won per month in proportion to the monthly rent of 80,000 won and monthly rent of 80,000 won x 1010 won in proportion to the amount of unjust enrichment as sought by the Plaintiff.

B. The Plaintiff asserts that from August 1, 2014, the Defendant did not pay management expenses according to the ratio of KRW 65,000 per month for the instant store from August 1, 201, and against the Defendant.

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