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(영문) 대구지방법원 2016.05.11 2016가단6627
건물명도등
Text

1. The defendant received KRW 3,120,000 from the plaintiff at the same time as the plaintiff receives KRW 3,120,000,

(a) the buildings listed in the separate sheet;

Reasons

1. On October 28, 2015, the Plaintiff leased a building listed in the separate sheet to the Defendant with a deposit of KRW 5,000,000, monthly rent of KRW 470,000, and a period of two years. The Defendant did not pay the monthly rent after November 28, 2015 (four-month arrears as of the closing date of pleadings), and the Plaintiff terminated the said lease on this ground.

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

2. According to the fact that the lease contract between the Plaintiff and the Defendant was terminated, the Defendant is obligated to receive deposit of KRW 3,120,000 ( KRW 5,00,000 - 1,880,000 in arrears for four months until the date of the closing of argument) remaining from the Plaintiff, while delivering the building indicated in the attached list to the Plaintiff, and pay KRW 470,000 per month as unjust enrichment equivalent to the rent after April 28, 2016.

3. In conclusion, the plaintiff's claim is accepted within the above scope of recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.

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