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(영문) 대구지방법원 김천지원 2018.12.13 2018가단31930

건물명도(인도)

Text

1. The Defendants jointly pay KRW 1,610,000 to the Plaintiff.

2. The plaintiff's remaining claims are dismissed.

3.

Reasons

1. Basic facts

A. On April 28, 2014, the Plaintiff was the owner of the building listed in the attached list (hereinafter “instant building”). On April 28, 2014, the Plaintiff concluded a lease agreement with Defendant B, which stipulates the deposit for the lease of KRW 10,000,000, monthly rent of KRW 600,000, and the lease term from July 10, 2014 to July 10, 2016 (hereinafter “instant agreement”), and the Defendant B paid the Plaintiff deposit of KRW 10,00,000.

B. The completion of the instant building is delayed and the Plaintiff and the Defendants paid monthly rent from August 2014. Defendant B, on August 11, 2014, remitted to the Plaintiff the remainder after deducting the electricity fee paid by the Defendants on behalf of the Defendants from the monthly rent of KRW 600,000.

The amount of money deposited on August 11, 2014, which was actually remitted to the Plaintiff by Defendant B, as of August 11, 2014, shall be deemed to have been paid KRW 600,000 monthly rent, taking into account the amount of money deposited at KRW 435,030 or the electricity fee paid in substitute as seen earlier.

B. On October 10, 2014, 610,000 D on December 2, 2014, 610, 610,00 C on January 6, 2015, 20 C on April 28, 2015, 210 C on June 1, 2015, 200 C on September 1, 2015, 620,00 C. 0,00 C. 620,00 C. 0 on November 17, 2010 on September 15, 2010, C. 00, 00, 00 C. 6.0, 00 C. 10, 00 C. 30, 00 C. 610, 308 on April 30, 2016, C. 00, 00 C. C. C. 8, 2017

C. The Defendants operated clothes in the instant building from August 2014 to July 2018, and paid the Plaintiff KRW 16,590,000 in total, as indicated in the following table.

The plaintiff expressed his/her intention to terminate the contract of this case on the grounds of the delinquency in rent as the complaint of this case, and the warden of this case reached the defendants.

E. The Defendants transferred and removed the instant building to the Plaintiff on July 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, and pleadings.