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(영문) 대구지방법원경주지원 2014.11.11 2014가단3637

건물명도 등

Text

1. The Defendants connected the Plaintiff with each point of the annexed drawings 1, 2, 3, 4, and 1 among the land E in the racing-si.

Reasons

1. Facts of recognition;

A. The Plaintiff owns the brick studio housing of 60 square meters (hereinafter “the instant building”) located on the ground of the part inside the ship connected in order to each point of the annexed drawings 1, 2, 3, 4, and 1 among the land E in the racing-si.

B. On August 5, 2011, the Plaintiff entered into a lease agreement between the Defendants to lease the instant building with the period of 350,000 won per month from August 5, 201, and the period of 10 months from August 5, 2011 (However, the lessee indicated only the Defendant B as the lease agreement (Evidence A)). The Defendants occupied and used the instant building from around that time until that time.

C. From April 5, 2013, the Defendants did not pay the Plaintiff the rent. Accordingly, on January 27, 2014, the Plaintiff sent to the Defendants a content-certified mail containing the content that the lease agreement on the instant building was terminated on the ground of a tea. The Defendants received the content-certified mail around that time.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2-1, the purport of the whole pleadings

2. According to the facts found in the judgment as to the cause of the claim, the Defendants did not pay the Plaintiff rent from April 5, 2013, and accordingly, the Plaintiff expressed his intent to terminate the lease contract on the instant building on the ground of rent-free delay on January 27, 2014, and the lease contract on the instant building was terminated at that time. Thus, the Defendants are jointly obligated to deliver the instant building to the Plaintiff, and jointly and severally pay the Plaintiff the rent or unjust enrichment equivalent to the rent calculated at the rate of KRW 350,000 per month from April 5, 2013 to the completion date of delivery of the instant building, barring any special circumstances.

3. The Defendants may deliver the instant building to the Plaintiff until receiving KRW 9,020,000,00 paid for the instant building from the Plaintiff.