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(영문) 서울중앙지방법원 2015.10.02 2014가단268248
건물인도등
Text

1. The defendant shall be the plaintiff.

(a) deliver each building listed in the separate sheet;

(b)payment of 4,200,000 won and c.

Reasons

1. Determination on the cause of the claim

A. 1) Details of a lease agreement (no dispute exists): The date of concluding each building on June 20, 2009: the lease term: from July 10, 2009 to one year; the lease term is renewed every year: the lease deposit amount of KRW 10 million; the monthly rent of KRW 700,000; the Defendant’s delay in rent of KRW 4,20,000 until July 9, 201; the service of a copy of the complaint of this case in which arrears is terminated continuously from July 10, 201 to July 9, 201;

B. According to the facts of the above recognition, the instant lease contract was terminated by the Plaintiff’s declaration of intention of termination on the ground of the Defendant’s delinquency in rent, so the Defendant is obligated to deliver each building indicated in the separate sheet to the Plaintiff, and pay the Plaintiff the rent of KRW 4,200,000 in arrears from July 9, 201 to July 10, 201, and the monthly rent of KRW 700,000 in arrears from July 10, 201 to the completion date of delivery of each building as indicated in the separate sheet.

2. Judgment on the defendant's assertion

A. A. Around January 2013, the gist of the assertion was that the Plaintiff intended to receive premium and dispose of the facilities and inventory in return for the premium. However, the Plaintiff could not dispose of the premium by opposing the content of the lease agreement that “not recognize the premium.”

Therefore, instead of being sealed, the ownership of inventory and equipment has been abandoned and kept as it is.

Therefore, as to rent or unjust enrichment after February 10, 2013, the Defendant did not have gained substantial benefits, the Defendant is not liable to repay it.

(Other arguments concerning the amount of management expenses are raised, but it is not judged because the plaintiff does not claim management expenses.

Judgment

First of all, the delivery of each building listed in the separate sheet was conducted, and the fact that the defendant left the building without any notification by leaving the facilities, equipment, inventory materials, etc. in the separate sheet was made.

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