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(영문) 대구지방법원 2015.08.12 2015가단6316
건물명도
Text

1. The defendant shall be the plaintiff.

(a) Of the real estate listed in the separate sheet, each point is indicated in the separate sheet No. 1, 2, 3, 7, 4, and 1.

Reasons

1. Facts of recognition;

A. On April 29, 2014, the Plaintiff leased to the Defendant the real estate listed in the separate sheet (hereinafter “instant building”) a portion of 40 square meters (a) of the leased deposit KRW 2 million, monthly rent of KRW 300,00 (20,000 on April 20, 201), the lease term of which was determined from April 20, 2014 to April 19, 2015, among the real estate indicated in the separate sheet (hereinafter “instant building”).

B. On May 20, 2014, the Plaintiff also leased the instant building to the Defendant by setting on May 20, 2014, the monthly rent of 200,000 won (20,000 won on May 20, 2015) and the lease period from May 20, 2014 to May 19, 2015, a portion of 15 square meters (105 square meters on the instant building) connected in sequence with each point of the attached drawing Nos. 4, 5,6,7, and 4.

C. The Defendant did not pay rent from July 20, 2014.

On January 30, 2015, the Plaintiff was handed over 105 units of the above building by the Defendant.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. Determination

A. According to the facts on the basis of determination of the cause of the claim and the purport of the entire pleadings, as to the building 103 units of the instant building, the Defendant did not pay two or more rents, and the Defendant may be found to have continuously occupied and used the building 103 units of the instant building, and the fact that the instant complaint, which stated the intent to terminate the lease agreement, was served on the Defendant on March 4, 2015 is apparent, and the instant lease agreement was lawfully terminated.

Therefore, the defendant is obligated to deliver the above 103 to the plaintiff and pay the unpaid rent and unjust enrichment equivalent to the unpaid rent.

In addition, as seen in the basic facts that the defendant did not pay the tea from July 20, 2014 with respect to the building 105 of this case, the defendant is obligated to pay to the plaintiff a six-month difference that the plaintiff seeks.

B. The defendant's argument is judged by the real estate broker, but the real estate broker is notified of the rent payment.

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