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(영문) 대구지방법원 김천지원 2018.10.30 2018가단30784

건물명도(인도)

Text

1. The Defendant: (a) KRW 1,730,000 for the Plaintiff and 5% per annum from September 19, 2018 to October 30, 2018; and (b) the Plaintiff.

Reasons

1. Basic facts

A. On October 13, 2017, the Plaintiff and the Defendant entered into a lease agreement with each of the following terms: (a) the lease deposit amount of KRW 10,000,000 for the fourth floor (hereinafter “instant real property”); (b) monthly rent of KRW 1,50,000 for the instant real property; and (c) the lease term of KRW 1,50,000 for the period from October 16, 2017 to October 15, 2019:

(hereinafter hereinafter referred to as “instant lease agreement.” Article 5 of the instant lease agreement terminates, the lessee shall restore the said real estate to its original state and return it to the lessor. Article 2 of the instant lease agreement provides that the lessee shall restore the said property to its original state or reimburse the lessee at the time of damage to the present facility. In addition, the lessee’s additional facilities should be restored to its original state at the time of termination of the contract. Article 4 provides that the lessee shall restore to its original state at the time of the termination of the contract.

B. The Defendant operated a fitness on the instant real estate, and was not paid monthly from December 16, 2017. A duplicate of the instant complaint containing the Plaintiff’s declaration of termination of the instant lease due to the Defendant’s delinquency in rent was served on March 23, 2018 to the Defendant.

C. The Defendant delivered the instant real estate to the Plaintiff while the instant lawsuit was pending.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination

A. According to the above facts, the Defendant is obligated to pay the Plaintiff the overdue rent and the unjust enrichment in arrears calculated at the rate of KRW 1,700,000 per month from December 16, 2017 to the date the delivery of the instant real estate is completed (1,50,000 value-added tax KRW 150,000), or the overdue rent and management expenses equivalent to the overdue rent (the unjust enrichment to be returned by the Defendant is equivalent to the monthly rent and management expenses of the instant real estate, and the unjust enrichment to be returned by the Defendant is equivalent to the monthly rent and management expenses of the instant real estate, and after the completion of the instant lease contract.