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(영문) 대구지방법원 김천지원 2018.09.04 2018가단2123

건물명도(인도) 등

Text

1. The defendant shall be the plaintiff.

(a) deliver one story 139.16 square meters of real estate listed in the attached list;

B. From September 30, 2017

Reasons

1. Basic facts

A. On April 30, 2017, the Plaintiff leased each lease deposit to the Defendant with respect to KRW 1,000,000, monthly rent of KRW 300, monthly rent of KRW 300, and the lease period from April 30, 2017 to April 30, 2018, regarding the retail store of KRW 87.36, and housing of KRW 51.8,00 (hereinafter “instant real estate”).

B. The Defendant did not pay the monthly rent of KRW 2,00,000 and KRW 5,00,000 for each of the above deposits (total KRW 3,00,000).

C. Accordingly, on March 13, 2018, the Plaintiff notified the Defendant of the termination of each of the above lease agreements.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the facts of the above recognition, since each of the above lease agreements was lawfully terminated due to the Defendant’s nonperformance, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and to pay the Plaintiff the overdue rent or unjust enrichment equivalent to the rent in arrears calculated by the ratio of KRW 600,000 per month (30,000 per annum for retail stores and housing) from September 30, 2017 to the completion date of delivery of the instant real estate.

3. Accordingly, the plaintiff's claim of this case is accepted as reasonable.