logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원서부지원 2014.09.25 2014가단3737
건물명도
Text

1. The defendant shall receive KRW 9,000,000 from the plaintiff and at the same time real estate stated in the attached Table from the plaintiff.

Reasons

1. The following facts are not disputed between the parties, or can be acknowledged in full view of the entries in Gap evidence 1 to 4 and the whole purport of the pleadings.

On December 1, 2010, the Plaintiff entered into a lease agreement with the Defendant on the lease deposit amounting to KRW 20 million, monthly rent of KRW 750,000,000, and lease period from December 1, 2010 to November 30, 2012 (hereinafter “instant lease agreement”), and received KRW 20 million from the Defendant on the same day.

B. The defendant is a trade name called C from the real estate of this case.

The main point was operated, and the rent payment from August 201 was in arrears.

(However, around March 2012, the Plaintiff paid KRW 1 million as part of the rent in arrears. On December 5, 2012, 2012, after the expiration of the lease term stipulated under the instant lease agreement, the Plaintiff notified the Defendant of the purport that the Plaintiff would pay the rent in arrears, etc. and deliver the instant real estate, and the notification reached the Defendant around that time.

C. Meanwhile, from July 2012, the Defendant’s title on the instant real estate from around July 2012

Until now, the real estate in this case has not been operated as the main place.

In the state of being left alone, such as houseing, etc. necessary for the operation of the main office.

2. Determination

A. (1) According to the above findings, the instant lease agreement was terminated on November 30, 2012. Thus, barring any special circumstance, the Defendant is obligated to deliver the instant real estate to the Plaintiff and pay the unpaid rent of KRW 11 million (i.e., 16 months from August 1, 201 to November 30, 201) x 16 months x 750,000 won - one million paid on or around March 2012).

(2) Meanwhile, the amount calculated by the Defendant at the rate of KRW 750,000 per month, which is the unjust enrichment equivalent to the rent, from December 1, 2012 to the time of delivering the instant real estate.

arrow