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(영문) 대구지방법원 2019.07.24 2018가단15410
건물명도
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 4,305,570 to the Plaintiff (Counterclaim Defendant) and its related amount from May 16, 2019 to July 24, 2019.

Reasons

1. Facts of recognition;

A. On May 2013, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) stipulating the lease deposit of KRW 15 million, monthly rent of KRW 400,000 (payment on June 25, 2013) and the lease term of KRW 24 months from June 25, 2013, and used the instant commercial building E (hereinafter “instant commercial building”). The Defendant transferred the instant commercial building, and used the instant commercial building as a Western Private Institutes.

B. On January 26, 2015, the Plaintiff: (a) completed the registration of ownership transfer for the instant commercial building on the grounds of sale; and (b) agreed to extend the term of lease with the Defendant by June 24, 2018 when succeeding to the lessor’s status of the instant lease agreement.

C. The Plaintiff and the Defendant agreed to increase the amount of KRW 4.3 million from October 2015 to KRW 4.5 million from October 2016, and KRW 4.5 million from October 2016.

On June 24, 2018, the instant lease agreement was terminated, and the Defendant transferred the instant commercial building to the Plaintiff on April 9, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 5 (including paper numbers, hereinafter the same), the purport of the whole pleadings

2. Judgment on the principal lawsuit

A. The Plaintiff’s assertion is: ① The Defendant is obligated to pay KRW 4,275,00 (or damages caused by illegal possession from February 21, 2019) as unjust enrichment equivalent to the rent from June 25, 2018 to April 9, 2019 when the instant lease contract was terminated (or from February 21, 2019) (=4,275,000 won x 9 month x 225,000 won (15 days)); ② the unpaid electricity charges of KRW 30,570 from March 4, 2019 to April 3, 2019; ③ the unpaid water rates of KRW 26,540 on June 26, 2018; ④ the Defendant is obligated to pay KRW 200,000,000,000 for the expenses incurred in repairing due to the removal of agreed terms and conditions.

B. If the facts acknowledged or not disputed prior to the determination are added to Gap evidence 8, Eul evidence Nos. 9, Eul evidence Nos. 10, and 13, and the fact inquiry results and the whole purport of pleadings with respect to the Daegu branch office of the Korea Electric Power Corporation, the defendant from June 25, 2018.

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