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(영문) 대구지방법원 2018.08.08 2017가단15611
건물인도등
Text

1. The Defendant (Counterclaim Plaintiff) is written from the Plaintiff (Counterclaim Defendant) to the KRW 20 million from January 8, 2017 to the KRW 1 of the attached Table 1.

Reasons

1. Facts of recognition;

A. On April 2, 2015, the Plaintiff and the Defendant entered into a lease agreement with the Plaintiff setting the lease term of KRW 6.81 square meters on the ship (hereinafter “instant lease agreement”) located in the building indicated in the attached Table 1 List No. 2, 86.4 square meters among the buildings listed in the attached Table No. 1 List No. 1 and the attached Table No. 1 List No. 2 (hereinafter “instant building”) and the leased property amounting to KRW 20 million from April 8, 2015 to April 7, 2020 (hereinafter “instant lease agreement”).

B. The Defendant did not pay monthly rent from January 8, 2017 while occupying and using the instant building in accordance with the instant lease agreement. On May 1, 2017, the Plaintiff notified the Defendant of his/her intent to terminate the instant lease agreement with a mobile phone text message.

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

2. Determination

A. According to the facts of the judgment as to the cause of the principal claim, the instant lease contract was lawfully terminated on or around May 1, 2017, and thus, the Defendant is obligated to deliver the instant building to the Plaintiff. The Defendant is obligated to return rent or unjust enrichment calculated by the ratio of KRW 900,000 per month from January 8, 2017 to the completion date of delivery of the instant building, which was overdue by the Defendant.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff at the same time receiving the remainder of money calculated by deducting the amount calculated by the rate of KRW 900,000 per month from January 8, 2017 to the completion date of delivery of the instant building from the amount of KRW 20,000,000, as requested by the Plaintiff, barring any special circumstances, as requested by the

B. The Defendant’s assertion as to the principal claim and the counterclaim claim 1) The Defendant’s assertion as to the principal claim is ① the monthly rent of 6.3 million won, deducting the rent of 6.3 million won from the end of July 2017, and ② the remainder of the lease deposit.

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