(영문) 대구지방법원서부지원 2019.09.25 2018가단59776

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(영문) 대구지방법원서부지원 2019.09.25 2018가단59776

건물명도(인도)

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1. The defendant shall be the plaintiff.

(a) deliver a total of 129.27 square meters underground among the buildings listed in the attached list;

(b) 8,200.

Reasons

1. In full view of the purport of the argument by the Plaintiff as to the Plaintiff’s assertion, the Plaintiff continued to pay a deposit of KRW 5 million on January 1, 1999 as to total underground 129.27 square meters (hereinafter “the instant building”) among the buildings listed in the separate sheet with the Defendant and the Defendant on January 1, 199, and the lease term of KRW 400,000 (payment on the last day of each month), the lease term of which was determined from January 1, 1999 to 24 months (hereinafter “the instant lease contract”). The Plaintiff and the Defendant did not express their intent not to renew the contract before the expiration of the above lease term. However, the Plaintiff’s payment of KRW 3 months out of the monthly rent in 2004 to the Plaintiff, and the Defendant’s payment of KRW 6 months out of the monthly rent in 2005 to the Plaintiff on May 19, 2018 to the Defendant.

According to the above facts, it is reasonable to view that the instant lease agreement, which was implicitly renewed, was terminated on August 17, 2018, clearly stating that it was the delivery date of a copy of the instant complaint containing the Defendant’s declaration of termination on the grounds that the instant lease was not paid any rent.

Therefore, barring special circumstances, the Defendant is obligated to deliver the instant building to the Plaintiff and pay the remainder of the rent and the amount of unjust enrichment equivalent to the rent and damages for delay after deducting the deposit from the unpaid rent.

From January 1, 2004 to the completion date of delivery of the building of this case, the Plaintiff sought an unpaid rent or unjust enrichment equivalent to the unpaid rent or rent, calculated at the rate of KRW 400,000 per month. As to the unpaid rent or the amount of unjust enrichment equivalent to the unpaid rent during the above period, the Plaintiff shall be deemed as to the unjust enrichment.

The lessee is a contract with the lessor regardless of the actual use during the lease term.

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