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(영문) 대구지방법원 2019.09.19 2019가단6260
건물명도
Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

B. From December 30, 2018, the above buildings are located.

Reasons

Comprehensively taking account of the purport of the entire arguments as to Gap evidence Nos. 1 and 2, the plaintiff entered into a lease agreement with the defendant on December 30, 2018, setting the lease period between December 30, 2018 and December 29, 2019, and monthly rent at KRW 2.50,000 (hereinafter "the lease agreement in this case"). According to the lease agreement in this case, the plaintiff delivered the apartment in this case to the defendant on December 30, 2018, and the defendant did not pay a monthly rent to the plaintiff from December 30, 2018 to December 30, 2018.

As above, on the ground that the Plaintiff did not pay monthly rent, the instant complaint was prepared and submitted to this court on April 4, 2019 to the effect that the Defendant terminated the instant lease agreement, and that the said complaint reached the Defendant on May 2, 2019, it is obvious that the said complaint reached the Defendant on May 2, 2019. Thus, the instant lease agreement was lawfully terminated around May 2, 2019.

Therefore, the Defendant is obligated to deliver the instant apartment to the Plaintiff, and as such, after the termination of the instant lease agreement, the Defendant continuously occupied and used the instant apartment so far, thereby gaining profits equivalent to the monthly rent of the instant apartment and causing damages equivalent to the same amount to the Plaintiff, who is its owner. As such, the Defendant is obligated to pay the amount of money calculated by the ratio of KRW 250,000 per month from December 30, 2018 to the date of the completion of delivery of the instant apartment as unjust enrichment equivalent to the monthly rent and monthly rent.

The plaintiff's claim is justified.

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