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(영문) 의정부지방법원 2018.11.21 2017가단108813
손해배상(기)
Text

1. The part claiming unjust enrichment equivalent to the rent shall be dismissed among the lawsuits in this case.

2. The defendant shall make the plaintiff 19,356.

Reasons

1. Facts of recognition;

A. On August 22, 2006, the Plaintiff leased to the Defendant each real estate (hereinafter “instant building”) listed in paragraphs 2, 3, and 4 of the attached Table Nos. 2, 3, and (4) of the attached Table Nos. 60,000,000, term of lease from August 28, 2006 to August 27, 2014 (payment on August 30, 2006) with the intention to adjust the lease deposit amount of KRW 1,50,000,000 each time every three years according to the neighboring Si tax.

B. On September 21, 2006, the Plaintiff leased to the Defendant the real estate indicated in paragraph (1) of the attached Table No. 10,000,000, the lease deposit period from October 30, 2006 to August 27, 2014, and the lease fee of KRW 200,000 per month (payment on August 30, 2006). However, according to the surrounding market rate, the Plaintiff agreed to adjust the real estate set forth in paragraph (1) of the attached Table No. 1 to the extent of 5% per year.

C. The Plaintiff and the Defendant agreed that, at the time of the conclusion of the lease agreement on each real estate listed in the separate sheet (hereinafter “each of the instant lease agreements”) (hereinafter “each of the instant lease agreements”), the lessee shall restore the relevant real estate to its original state and return it to the lessor.

The Plaintiff and the Defendant agreed to increase the monthly rent of KRW 1,700,000 for each of the instant real estate from August 2009 (the monthly rent of KRW 1,500,000 for each of the real estate listed in attached Table 2, 3, and 4) to KRW 1,80,000 for each of the instant real estate. From August 2012, the Plaintiff and the Defendant agreed to increase the monthly rent of KRW 2,00,000 for each of the instant real estate from August 2012.

E. Meanwhile, the Defendant, upon delivery of each of the instant real estate, operated a scrapping box, and the Plaintiff notified the Defendant of the absence of intention to renew each of the instant lease agreements on February 20, 2014, March 26, 2014, and June 9, 2014, the said lease was terminated as of August 27, 2014.

F. On April 1, 2017, the Defendant voluntarily removed facilities and delivered each of the instant real estate to the Plaintiff.

【Ground for recognition” has no dispute;

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