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(영문) 대구지방법원 2016.01.26 2015가단1977
건물명도
Text

1. The Defendant (Counterclaim Plaintiff) pays KRW 5,750,000 to the Plaintiff (Counterclaim Defendant).

2. The remainder of the plaintiff (Counterclaim defendant).

Reasons

1. On August 1, 2012, the Plaintiff and the Defendant entered into a lease agreement with a term of KRW 10 million, monthly rent of KRW 1050,000,000, and one year from August 1, 2012 regarding the instant apartment.

On August 31, 2014, the Plaintiff and the Defendant agreed to terminate the lease agreement, and the Defendant decided to hold directors in the instant apartment on August 30, 2014.

On August 30, 2014, the defendant prepared a director and claimed the return of the lease deposit to the plaintiff. The plaintiff did not pay the rent in the first time but did not pay the rent in the second time and would deduct 5,776,00 won for overdue rent and its delay damages.

Accordingly, the Defendant’s protested against the Plaintiff, and the Defendant did not have a director. A director around December 30, 2015, which was before the closing of the instant argument, was the director, and delivered the instant apartment to the Plaintiff.

[Ground of recognition] Unsatisfy, Gap evidence 1, Eul evidence 4

A. The Plaintiff’s assertion that the lease contract was terminated due to the Plaintiff’s failure to pay monthly rent from July 1, 2014. As such, the Defendant is obligated to deliver the instant apartment to the Plaintiff and pay unjust enrichment equivalent to the rent until the overdue rent and delivery.

B. There is no dispute between the parties that the defendant delivered the apartment house of this case to the plaintiff before the closing of argument. Thus, the plaintiff's claim for this part is without merit.

C. The fact that the Defendant did not pay the rent for 15 months from July 2014 to September 2015 is not a dispute between the parties. Thus, the Defendant asserted that the Plaintiff is KRW 15,750,000 ( KRW X 15,000 per month, KRW X 15,000, and the Plaintiff was 16 months, but the Plaintiff’s share for six months in the year 2014 and KRW 15 months in the year 2015 is apparent in the calculation. The Plaintiff appears to claim that the Plaintiff was 16 months in total in July and September).

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