(영문) 대구지방법원경주지원 2019.10.30 2018가단3369

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(영문) 대구지방법원경주지원 2019.10.30 2018가단3369

건물인도등

Text

1. The defendant shall be the plaintiff.

(a) Of the buildings listed in the separate sheet, each of the indication 1, 2, 5, 6, and 1 of drawings at the bottom of the same list.

Reasons

1. Facts of recognition;

A. On June 30, 2017, the Plaintiff issued an order to the Defendant.

The building stated in the subsection (hereinafter referred to as the “instant real estate”) was leased (hereinafter referred to as the “instant lease agreement”) at the lessee’s expense for a period of 12 months, lease deposit amounting to KRW 30 million, monthly rent of KRW 4.4 million (including value-added tax; hereinafter the same shall apply), electric charges (the amount used), and public charges.

B. On August 31, 2017, the Defendant paid KRW 30 million to the Plaintiff.

C. On June 2018, the Defendant delayed the payment of rent for not less than three months from the date of the payment of part of the rent for June to the date of the instant lawsuit, and on the ground that the Plaintiff was in arrears at least three times by the Defendant, a duplicate of the instant complaint stating the intention to terminate the instant lease was served on the Defendant on December 10, 2018.

The defendant occupies and uses the real estate of this case for factory purposes until now.

[Ground of recognition] Facts without dispute, entry in Gap evidence 1 through 4 (including branch numbers if there are branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the above fact-finding on the claim for the delivery of a building, the instant lease agreement was terminated on December 10, 2018 and terminated.

Therefore, the defendant is obligated to deliver the real estate of this case to the plaintiff.

3. Determination on the rent, unjust enrichment equivalent to the rent, and claim for electricity charges incurred from December 1, 2018 to August 31, 2019

A. As seen earlier, the instant lease agreement was terminated on December 10, 2018 and terminated as of December 10, 2018. Therefore, the Defendant is obligated to pay the Plaintiff the rent and the electricity fee for the said period from December 1, 2018 to December 10, 2018 seeking the payment of the rent.

In addition, the defendant has leased the real estate of this case for the use of a factory, and the defendant has terminated the lease of this case.

유사 판례

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-전주지방법원 2016.12.06 2016가단22372