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(영문) 대구지방법원 2015.08.25 2015가단15600
건물명도등
Text

1. The defendant shall be the plaintiff.

(a) Of the second floor of the building listed in the separate sheet, each point of the attached sheet No. 1, 2, 3, 4, and 1.

Reasons

1. Determination as to the cause of the claim on December 12, 2014, the Plaintiff did not pay to the Plaintiff KRW 4 million among the KRW 1,2,3,4, and 19 square meters in the attached Form No. 1,200,000 (hereinafter “instant building”) among the second floor of the building indicated in the attached Table No. 1 on December 12, 2014, as deposit money of KRW 10,000 (payment until January 12, 2015), monthly rent of KRW 60,000 (hereinafter “instant lease contract”); the Defendant did not pay the Plaintiff the amount of KRW 4,00,000 among the KRW 1,00,000,000 in the instant lease deposit of KRW 1,3,40,000,000 to the Defendant, and the Plaintiff did not pay the amount of KRW 2,3,44,00,000 to the Defendant by mail or the Defendant notified each of the contents of the instant lease agreement.

According to the above facts, the instant lease agreement was lawfully terminated by the Plaintiff’s notification of termination of the contract on the ground of the Defendant’s delayed delay. Thus, the Defendant is obligated to deliver the instant building to the Plaintiff and pay the Plaintiff the amount of unjust enrichment equivalent to the rent or the rent calculated by the ratio of KRW 600,000 per month from May 12, 2015 to the completion date of delivery of the instant building.

2. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim of this case is reasonable.

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