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(영문) 대구지방법원 2021.01.26 2020가단13257
부동산명도
Text

The Defendant, as the Plaintiff

(a) deliver all the C2 stories in Daegu Northern-gu;

B. As from August 9, 2020, the delivery of the above real estate.

Reasons

According to the purport of Gap evidence Nos. 1 and 2 and the whole pleadings, on October 9, 2019, the plaintiff leased (the "lease Contract of this case") to the defendant on a monthly rent of 300,000 won, without setting a deposit and lease period. On June 9, 2020, the defendant paid the plaintiff the last monthly rent and did not pay the monthly rent. There is no counter-proof, and the plaintiff submitted the complaint of this case to the defendant, stating that the lease contract of this case was terminated on the grounds of the non-payment of rent, and the copy of the complaint of this case was served to the defendant on August 19, 2020.

According to the above facts, since the copy of the complaint of this case stating the plaintiff's declaration of the termination of the lease contract of this case on the grounds of the defendant's delinquency over two or more occasions was served on the defendant on August 19, 2020, the lease contract of this case was lawfully terminated on August 19, 2020.

Therefore, barring special circumstances, the Defendant is obligated to transfer the leased house of this case to the Plaintiff as the duty to restore the leased house, and to pay the Plaintiff unfair benefit amounting to KRW 300,000 per month from August 9, 2020 to the completion date of delivery of the leased house of this case, as the Plaintiff seeks, as the duty to return unfair benefit.

As to this, the defendant did a dangerous act, such as the plaintiff's dwelling, height, desire, assault, etc. of the leased house of this case in which the plaintiff is residing. The plaintiff defense that the plaintiff should pay the defendant mental damage compensation and the director's expenses. However, there is no evidence to acknowledge this, the defendant's defense is without merit

Therefore, the plaintiff's claim is reasonable, and it is decided as per Disposition.

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