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(영문) 대구지방법원안동지원 2015.09.23 2015가단2881
건물명도등
Text

1. The defendant, among the fourth floor of the building listed in the attached list, shall follow in sequence 1, 2, 3, 4, and 1 of the annexed drawings.

Reasons

1. Determination on the cause of the claim

A. On July 10, 2014, the Plaintiff: (a) leased the passenger room, shower room, 14.06 square meters in the part inside the ship connected with each point of the attached Form 1, 2, 3, 4, and 1 to the Defendant on the fourth floor of the building listed in the attached Table (hereinafter “the instant guest room, etc.”) in the rent of KRW 3,50,000; (b) the Defendant is not liable for the instant passenger room, etc. since September 2014; (c) there is no dispute between the parties; and (d) it is evident that the Plaintiff notified the termination of the said lease on the ground that the Plaintiff was not paid two or more rents by the delivery of a duplicate of the instant complaint.

B. Therefore, barring any special circumstance, the Defendant shall deliver the instant guest room, etc. to the Plaintiff, and shall pay to the Plaintiff KRW 3.15 million for the unpaid rent from October 1, 2014 to June 30, 2015 (i.e., KRW 3., KRW 350,000 x 9 months), and to the aforesaid, damages for delay calculated at the rate of 20% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 26, 2015 to the date of complete payment. The Defendant is obligated to pay the amount calculated at the rate of KRW 350,00 per month from July 1, 2015 to the completion date of delivery of the instant guest room, etc. as unjust enrichment.

C. As to this, the Defendant asserted to the effect that, at the Plaintiff’s request, the Plaintiff did not deliver the instant guest rooms, etc. until receiving the said money, since the Defendant sustained injury while replacing the front section of the instant guest rooms, etc. with the floor and thereby was unable to engage in his livelihood. However, there is no evidence to acknowledge it. Moreover, even if it is true, the foregoing ground does not constitute a legal ground for refusing to deliver the guest rooms.

The defendant's argument is without merit without examining any longer.

2. The conclusion is that the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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