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(영문) 대구지방법원경주지원 2016.05.03 2015가단11741
건물명도
Text

1. The defendant shall order the plaintiff each point of the attached Form 1, 2, 3, 4, 5, 6, and 1 among the buildings listed in the attached Table list.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 to 3 (including paper numbers) and the whole purport of the pleadings:

On September 26, 2013, the Plaintiff, among the buildings listed in the separate sheet, leased the part of “A” (hereinafter referred to as “instant building”) to the Defendant for convenience stores by setting the lease term from October 1, 2013 to September 30, 2014, the lease deposit amount of KRW 1,60,000, and the rent of KRW 8,000,000 per annum from the rent of KRW 1,2,3,4,5,66, and 1.

(hereinafter referred to as "the instant lease agreement". (b)

The instant lease agreement contains a special agreement under which the Defendant would not demand the Plaintiff to reimburse expenses under Article 203 or 626 of the Civil Act.

C. On September 5, 2014, the Plaintiff was expected to terminate the instant lease agreement as of September 30, 2014, and the renewal of the lease agreement is not possible on the grounds of the sale of commercial buildings. Therefore, upon the expiration of the said period, the Plaintiff notified the delivery of the instant building.

However, the defendant is occupying and using the building of this case until now.

2. According to the above facts of determination as to the cause of the claim, barring any special circumstance, the instant lease contract has expired on September 30, 2014, and thus, the Defendant is obligated to deliver the instant building to the Plaintiff, a lessor.

On the other hand, the defendant is obligated to return the above profits to the plaintiff as unjust gains, since he gains the same amount of damages to the plaintiff, a lessor, by occupying and using the building of this case even after the lease term expires.

In addition, it is reasonable to regard the amount of unjust enrichment as the rent for the building of this case. The fact that the rent for the building of this case under the instant lease agreement is KRW 66,66 per month (i.e., KRW 8,000,000 per year ± 12 months) is the same as seen earlier, and the lease contract of this case is terminated.

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