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(영문) 대구지방법원 2019.12.11 2019가단116778
건물인도
Text

1. The Defendant shall deliver to the Plaintiff the real estate indicated in the attached list, and from June 12, 2018, the said real estate.

Reasons

1. Facts of recognition;

A. On May 8, 2017, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 50 million, KRW 2.8 million per month, KRW 2.8 million per month (prepaid on May 12, 2017), from May 12, 2017 to May 11, 2020 (hereinafter “instant lease agreement”).

B. From May 12, 2018, the Plaintiff terminated the instant lease agreement by serving a copy of the instant complaint on the grounds that the Defendant did not pay the rent for the instant lease agreement. The duplicate of the instant complaint was served on the Defendant on July 18, 2019.

[Ground of recognition] Facts without dispute, entry of Gap evidence 3 (including a provisional number, hereinafter the same shall apply) and the purport of the whole pleadings

2. The Plaintiff asserts that the Defendant did not pay the rent from June 12, 2018, and that the Defendant paid the rent of KRW 5.6 million on March 16, 2019, and KRW 2.8 million on April 30, 2019, and was aware that the rent was not paid from July 2018.

We do not accept the defendant's assertion since there is no evidence to prove that the defendant paid the tea from June 12, 2018.

Therefore, the instant lease agreement was lawfully terminated around July 18, 2019 by serving a copy of the instant complaint, and the Defendant is obligated to deliver the real estate indicated in the separate sheet to the Plaintiff and pay the Plaintiff the rent or unjust enrichment equivalent to the rent, calculated at the rate of KRW 2.8 million per month from June 12, 2018 to the completion date of delivery of the said real estate.

3. In conclusion, the plaintiff's claim is justified, and it is so decided as per Disposition.

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