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(영문) 대구지방법원 2019.05.16 2019가단484

건물명도 등

Text

1. The defendant shall be the plaintiff.

A. It shall deliver 330 square meters per attached Form D, 330 square meters among the buildings listed in the attached list.

(b) dated 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff leased a deposit of KRW 10,000,000, monthly rent of KRW 1,300,000 (paid on July 10, 2018), and from July 10, 2018 to July 9, 2019, among the buildings indicated in the attached list, to the Defendant as indicated in the attached list (hereinafter “instant store”). The Defendant occupied and used the said store upon delivery.

B. The Defendant paid only the sum of KRW 3,900,00,000 for July, August, September, and September, 2018, and did not pay any subsequent rents.

C. Around December 2018, the Plaintiff sent to the Defendant a certificate of the content that the said lease was terminated on the grounds that the said lease was terminated on the grounds that the said lease was overdue for at least two years, and around that time, the said certificate was served on the Defendant.

[Recognition] Facts without dispute, Gap evidence 1 to 3, Gap evidence 4-1

2. According to the judgment and the facts of the above recognition, since the lease contract between the Plaintiff and the Defendant was lawfully terminated by the Plaintiff’s declaration of intention to terminate the contract for reasons of delinquency in rent between the Defendant and the Defendant, the Defendant is obligated to deliver the instant store to the Plaintiff to its original state, and to pay the Plaintiff the amount of unjust enrichment equivalent to the rent of KRW 1,300,000 per month from October 10, 2018 to the delivery date of the said building.

Therefore, the plaintiff's claim of this case is accepted on the ground of the reasons.