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(영문) 제주지방법원 2018.01.12 2016가단61657
건물명도
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. Of the buildings listed in the attached list, indication 1, 2, 3, 4, 4.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

A. On January 31, 2009, the Plaintiff entered into a lease agreement with the Defendant on the part of 56 square meters in the Aboard connected each point of the attached Form No. 1, 2, 3, 4, and 1 (hereinafter “instant store”) among the buildings listed in the attached Table No. 1, 2, 3, 4, and 1, and concluded each lease agreement with the Defendant, setting the lease agreement as the lease period of 2 years, 500,000 won in each of the lease periods on January 31, 201, and 31, 2013 as the annual rent of 4.5 million won.

B. On January 31, 2016, the Plaintiff entered into a lease agreement with the Defendant and the instant store with a deposit amount of KRW 500,000,000 for the lease period from January 31, 2016 to January 31, 2017, and five million won for annual rent (hereinafter “instant lease agreement”).

C. On July 28, 2016, the Plaintiff notified the Defendant that he/she did not intend to renew the instant lease contract after the expiration of the term, and on December 20, 2016, the Defendant sent to the Plaintiff a peremptory notice stating that he/she would conclude the instant lease contract with B under the same conditions as the instant lease contract.

[Ground of recognition] In the absence of dispute, each entry in Gap evidence Nos. 1 through 4 (including the provisional number), the result of the measurement and appraisal commission to the Korea Land Information Corporation of this Court, and the Plaintiff’s claim as to the claim for the purport of the entire pleadings was terminated at the expiration of the lease term, the Defendant is obligated to deliver the instant store to the Plaintiff, and the Defendant is obligated to return unjust enrichment at the rate of KRW 750,001 calculated by deducting the deposit amount of KRW 50,000 from the monthly rent of KRW 416,667 from February 1, 2017 to April 30, 2017, which is the unjust enrichment of KRW 1,250,000 from the monthly rent of KRW 416,667 from May 1, 201, and delay damages therefrom, and at the rate of KRW 416,67 from the date the delivery of the instant store is completed.

1) According to the above facts, barring any special circumstance, the instant lease agreement terminated on January 31, 2017, and thus, the Defendant is obligated to deliver the instant store to the Plaintiff. 2)

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