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(영문) 대구지방법원경주지원 2016.09.27 2016가단2379
건물명도 등
Text

The Defendant shall deliver to the Plaintiff the second floor office 186.60 square meters among the buildings listed in the attached list, and the KRW 2,100,000 and June 1, 2016.

Reasons

Facts of recognition

The following facts may be acknowledged by taking into account each entry in Gap evidence 1, 2, 3, and 4 (including paper numbers) and the whole purport of oral arguments, either there is no dispute between the parties or between them:

On October 8, 2015, the Plaintiff leased the lease deposit of KRW 10,000,000 (one thousand,000,000 on the date of the contract, and the remaining KRW 9,000,000 on the date of the contract, and the remaining KRW 9,00,000 on the date of October 20, 2015) to the Defendant from among the buildings listed in the attached list (hereinafter “instant building”) with the second floor of KRW 186.60,00 on the second floor among the buildings listed in the attached list (hereinafter “instant building”), and the lease was determined and leased from October 9, 2015 to October 8, 2017.

B. The Defendant did not pay the Plaintiff the rent of KRW 9,00,000 and KRW 9,000 from March 2016.

C. When the Plaintiff urged the Defendant to pay the unpaid lease deposit and the overdue rent, and notified the Plaintiff that the lease contract will be terminated. On April 18, 2016, the Defendant drafted a letter of commitment to deliver the instant building to the Plaintiff without any condition, if the Plaintiff did not perform the said obligation by May 21, 2016.

However, the defendant did not pay to the plaintiff the unpaid lease deposit or overdue loan until May 21, 2016.

2. According to the facts of the determination as to the cause of the claim, the lease contract between the Plaintiff and the Plaintiff was terminated due to the Defendant’s nonperformance of the obligation to pay the lease deposit and the overdue rent on May 21, 2016.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff, and return the rent of KRW 2,100,000 from March 1, 2016 to May 31, 2016 (=70,000 per month x 3 months) and the unjust enrichment equivalent to the rent of KRW 700,00 per month from June 1, 2016 to the completion date of delivery of the instant building.

3. Conclusion.

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