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(영문) 대구지방법원서부지원 2020.08.12 2019가단64447

건물명도(인도)

Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

(b) KRW 5,100,000 and as regards it,

Reasons

1. Facts of recognition;

A. On August 6, 2018, the Plaintiff leased real estate listed in the attached list to the Defendant, with the deposit amounting to KRW 20 million, KRW 1.7 million per month, and the lease period from August 31, 2018 to August 30, 2020.

B. The Defendant did not pay the rent from June 2019, and the Plaintiff notified the Defendant of the termination of the lease contract by serving a duplicate of the instant complaint.

[Judgment of the court below] The ground for recognition is without merit, Gap evidence Nos. 1 and 2, and the ground for appeal

2. According to the above facts of recognition, the lease agreement between the Plaintiff and the Defendant was terminated on December 6, 2019, when a duplicate of the complaint of this case was served on the Defendant.

As such, the defendant shall deliver the real estate listed in the attached list to the plaintiff, and shall pay to the plaintiff 5,10,000 won (i.e., KRW 1700,000 x 3 months) for the unpaid rent from July 1, 2019 to September 2019 and damages for delay calculated by the rate of 12% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from December 7, 2019 to the date of complete payment, as sought by the plaintiff. The defendant shall be obligated to pay the rent and unjust enrichment calculated by the rate of KRW 1,70,000 per month from October 1, 2019 to the date of complete delivery of the above real estate.

3. In conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.