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(영문) 대구지방법원 2018.08.02 2018가단9286

건물명도

Text

1. The defendant is against the plaintiffs:

(a) deliver one story retail store of 170.3475 square meters in the buildings listed in the attached list;

B. 2,276.

Reasons

1. Facts of recognition;

A. A. Around May 2017, the Plaintiffs leased the leased deposit amounting to KRW 15 million, monthly rent of KRW 1.3 million, and the lease period from June 2, 2017 to June 1, 2019 to the Defendant, among the buildings listed in the attached list (hereinafter “the leased portion”).

B. However, the Defendant paid only the monthly rent until December 1, 2017 to the Plaintiffs, and has not paid the monthly rent thereafter.

C. The Plaintiffs, via the instant complaint, notified the Defendant of the intent to terminate the lease agreement on the grounds of the Defendant’s delinquency in paying the monthly rent.

The Defendant did not pay KRW 691,680 for the rent of the leased part of this case as the access to a commercial building, and it is necessary to pay KRW 1,585,00 as the restoration cost of the leased part of this case.

[Ground] Facts without dispute, Gap 1 and 2 evidence, the purport of the whole pleadings

2. According to the above facts of recognition, a lease agreement between the plaintiffs and the defendant on the leased portion of this case is deemed to have been terminated due to the defendant's delinquency in monthly rent.

Therefore, the Defendant is obligated to deliver the leased portion of this case to the Plaintiffs, and to pay unjust enrichment equivalent to monthly rent or monthly rent, calculated by the ratio of KRW 1,300,00 from December 2, 2017 to the delivery of the leased portion of this case. < Amended by Presidential Decree No. 27680, Dec. 2, 2017>

3. Therefore, the plaintiffs' claims are accepted in entirety.