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(영문) 대구지방법원 2018.06.28 2018가단101342
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

A. Of the 179.15 square meters of the third floor of a building listed in the attached list of real estate, the scope of the “design” indicated in the attached list shall be determined by the competent authority.

Reasons

1. Facts of recognition;

가. 원고는 2017. 7. 26. 피고에게 원고 소유의 별지 부동산 목록 기재 건물 3층 179.15㎡ 중 별지 ‘도면’ 표시 ㉠, ㉡, ㉢, ㉣, ㉠의 각 점을 순차로 연결한 ㉮ 부분 33㎡(303호임, 이하 ‘이 사건 건물’이라 한다)을 보증금 100만 원, 월 차임 29만 원(매월 26일 지급), 임대차기간 12개월(2017. 7. 26.부터 2018. 7. 25.까지)로 정하여 임대하는 계약(이하 ‘이 사건 임대차계약’이라 한다)을 체결하였다.

Article 3 of the above lease contract provides that if the rent in arrears of the lessee reaches the rent in the second term, the lessor may cancel this contract without delay.

B. The Defendant paid once a monthly rent only on July 26, 2017 after the delivery of the said building.

C. On November 10, 2017, the Plaintiff sent to the Defendant a proof of the content that the Plaintiff requested the removal from the instant building because the Plaintiff was not more than two vehicles in arrears.

On January 15, 2008, the Plaintiff submitted a complaint of this case, stating that the lease contract of this case is terminated on the grounds of the Defendant’s delinquency in the payment of two or more rents, to this court. On March 12, 2018, the above warden was served on the Defendant.

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

2. Determination

A. According to the facts of the judgment as to the cause of the Plaintiff’s claim, the instant lease agreement was lawfully terminated by the Plaintiff’s declaration of termination of the contract on the ground of the Defendant’s failure to pay rent for at least two years. Thus, the Defendant is obligated to deliver the instant building to the Plaintiff by reinstatement, and to pay the Plaintiff a monthly rent or unjust enrichment equivalent to the monthly rent from August 27, 2017 to the delivery date of the said building, calculated at the rate of KRW 290,000 per annum, as sought by the Plaintiff.

B. The judgment of the defendant regarding the defendant's assertion was made after moving into the building of this case, and the building of this case was managed.

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