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(영문) 대구지방법원 2017.11.28 2017가단10128

건물명도등

Text

1. The defendant

(a) Of the real estate listed in the separate sheet, indication 1, 2, 3, 4, 5, 6, and 1.

Reasons

1. Basic facts

A. On April 2, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit of KRW 1,00,00,00, the rent of KRW 230,00,00, and the lease term of KRW 26.28,00,00, connected each point of the real estate listed in the separate sheet No. 1,22,33,4, 5,66, and 1, in sequence, among the real estate listed in the separate sheet No. 1, 2016 (hereinafter “instant real estate”).

B. On November 2, 2016, the Defendant delayed the payment of rent, and the Plaintiff sent a certificate to the effect that the instant lease contract is terminated on March 27, 2017, thereby reaching the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the above findings of determination, the instant lease agreement was lawfully terminated upon delivery to the Defendant of the certification of the content of March 27, 2017, which the Plaintiff expressed his/her intention to terminate on the grounds of the Defendant’s delinquency in the payment of rent for at least two years.

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and the Plaintiff is obligated to pay the amount of KRW 1,150,000 unpaid rent from November 2, 2016 to April 1, 2017 (=230,000 won x 5 months), and the amount of unjust enrichment equivalent to the rent calculated at the rate of KRW 230,00 per month from April 2, 2017 to April 2, 2017.

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