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(영문) 대구지방법원 2016.09.29 2015나309726

건물명도

Text

1. The first instance judgment, including a claim added and reduced in the trial, shall be amended as follows:

The defendant.

Reasons

1. Basic facts

A. On May 2, 2007, the Plaintiff leased to C the building indicated in attached Form 1 (hereinafter “instant building”) as KRW 20,000,000 for the period from May 25, 2007 to May 24, 2010, and KRW 20,000 for lease deposit, and KRW 2,00,000 for the rent month (However, from May 25, 2007 to May 24, 2008).

B. On June 1, 2007, C set the instant building as the period from June 1, 2007 to May 31, 2010, lease deposit amount of KRW 20,000,000, and the rent of KRW 1,60,000 per month (the agreement that the Defendant shall pay the Plaintiff rent directly), and the Plaintiff consented to the said sub-lease.

C. On June 25, 2008, the Plaintiff directly leased the instant building to the Defendant at KRW 2,000,000 per month from July 2, 2008 to July 1, 2010, lease deposit KRW 20,000, and rent KRW 2,00,000 per month.

원고는 2009년 9월경 피고와 사이에 임대차 목적물을 이 사건 건물 중 별지(2) 도면 표시 ㉠,㉡,㉢,㉣,㉠의 각 점을 차례로 연결한 선내 75㎡(이하 ‘이 사건 일부 건물’이라 한다)로 변경하기로 하고 차임도 월 1,000,000원으로 감액하기로 약정하였다

(D) The following is the sub-lease of the defendant's above (b)(c)(d)(hereinafter referred to as "the lease of this case").

On December 10, 2015, the Defendant delivered a part of the instant building to the Plaintiff, which was pending in the trial.

F. The Plaintiff asserted through the instant complaint that “the instant lease contract is terminated on the ground that the Defendant was in arrears with two or more vehicles,” and the duplicate of the instant complaint stating the foregoing assertion was served on the Defendant on April 7, 2015.

G. Meanwhile, as claimed by the Plaintiff on June 2, 2007, the Defendant calculated the rent after June 2, 2007 as follows.

From December 9, 2015 to December 9, 2015, the rent shall be calculated, as the Plaintiff seeks, from December 9, 2015.

The amount of rent or unjust enrichment arising from the lease of this case is KRW 124,058,064 as follows, and the defendant is 78.