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(영문) 대구지방법원경주지원 2020.05.27 2019가단12902
건물명도(인도)등
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. From February 1, 2018, the above-mentioned A

subsection (b).

Reasons

1. Indication of claim;

A. On June 27, 2016, the Plaintiff entered into a lease agreement (hereinafter referred to as “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 5 million, monthly rent of KRW 600,000 (payment on July 1, 201), and until July 1, 2017 from the delivery date of the lease term (12 months), and delivered the instant building to the Defendant on July 2, 2016.

B. At the time of the conclusion of the instant lease agreement, the Plaintiff and the Defendant agreed that the Plaintiff may immediately terminate the instant lease when the Defendant’s delayed delayed payment reaches two (2) rents. While the Defendant did not pay a monthly rent from February 1, 2018, it continued to gain profits by occupying and using the instant building and then sustained damages equivalent to the same amount to the Plaintiff.

C. Thus, the fact that the copy of the complaint of this case, stating the plaintiff's declaration of termination of the lease contract of this case on the ground of the defendant's delay, is obvious in the record that it was delivered to the defendant, and thus the lease contract of this case was lawfully terminated. Thus, the defendant is obligated to deliver the building of this case to the plaintiff and pay the plaintiff money at the rate of KRW 600,000 per month from February 1, 2018 to the completion date of delivery of the building of this case as unjust enrichment.

2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;

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