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(영문) 대구지방법원 경주지원 2018.10.30 2018가단2229

건물인도 등

Text

1. The defendant is against the plaintiffs:

(a) Description 1, 2, 3, 4, 5, 6, 7, 8, 9, 9, of the fourth floor of the building listed in the attached list;

Reasons

1. On August 2, 2009, the Plaintiffs entered into a real estate lease agreement with the Defendant on KRW 10,000,000, monthly rent of KRW 500,000, and the lease term of August 19, 2010 with respect to KRW 302 among the fourth floor of the building listed in the attached list in which the Plaintiffs shared 1/2 shares, and the Defendant agreed to change the monthly rent of KRW 520,000 as the monthly rent from August 2009 to August 19, 2010.

The above lease contract has been continuously renewed even after the expiration of the term.

However, the Defendant’s delayed payment of rent from August 2010 to April 2018 reached KRW 20,920,000.

As such, the Plaintiffs terminated the above lease contract on the grounds of the delinquency in rent to the Defendant around April 24, 2018, the Defendant is obligated to return to the Plaintiffs the unjust enrichment equivalent to the rent amounting to KRW 10,460,00 each month from May 1, 2018 to the delivery date of the building.

2. Judgment with no ground for recognition (Article 208 (3) 1, and Article 257 of the Civil Procedure Act);