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(영문) 대구지방법원 2015.10.27 2015가단108106
건물명도
Text

1. The Defendant, from August 10, 2014, at KRW 10,00,000 to KRW 147.62 square meters, on the third floor of the building indicated in the separate sheet from August 10, 2014.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the third floor of the real estate listed in the attached list (hereinafter “instant building”).

On January 10, 2014, the Plaintiff entered into a lease agreement with the Defendant for the lease deposit of KRW 10,000,000 for the instant building, monthly rent of KRW 600,000 for the lease period (Additional tax separate), and the lease period from January 10, 2014 to January 9, 2016.

B. The Defendant did not pay the Plaintiff the rent from August 10, 2014 to the Plaintiff.

The Plaintiff filed the instant lawsuit on the ground that the lease contract is terminated on at least two occasions due to the Defendant’s delinquency in rent, and the duplicate of the instant complaint stating the same purport was served on the Defendant on May 15, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts, the lease contract of this case is deemed to have been terminated by the delivery of a copy of the complaint of this case, and as long as the defendant continuously occupies and uses the building of this case, it is recognized that the defendant takes unjust enrichment equivalent to the rent.

Meanwhile, at the same time, the Plaintiff is obligated to return the remainder after deducting the overdue rent and its surtax from the Defendant at KRW 10,000,000,000, as well as the delivery of the instant building from the Defendant.

Therefore, the Defendant is obligated to return to the Plaintiff the remaining money calculated by deducting the amount calculated by the ratio of KRW 667.62m2 per month from August 10, 2014 to the date the Defendant completed delivery from KRW 10,000,000 to KRW 147.62m2 on the third floor of the building indicated in the attached Table from August 10, 2014 to the date on which the Defendant completed delivery.

3. Judgment on the defendant's defense

A. Comprehensively taking into account the written evidence No. 1 regarding the claim for reimbursement of useful costs, the Defendant concluded the instant lease agreement with the Plaintiff, and terminated the lease contract.

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