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(영문) 대구지방법원포항지원 2015.12.03 2015가단3394
건물명도
Text

1. The Defendant shall deliver from the Plaintiff KRW 20,00,000 to the Plaintiff one story from April 22, 2015 to 120.32 square meters among the buildings listed in the separate sheet.

Reasons

1. Determination as to the cause of claim

A. 1) On April 22, 2013, the Plaintiff: (a) on April 22, 2013, the 120.32 square meters of the 1st floor among the buildings indicated in the attached list (hereinafter “instant building”) is the Defendant

) A deposit is KRW 20 million, KRW 1.1 million per month, and the period from April 22, 2013 to April 21, 2015 is fixed and leased (hereinafter “instant lease”) (hereinafter “instant lease”).

(2) According to the instant lease agreement, the Defendant may not sublet the instant building, and if the Defendant violated this, the Plaintiff may terminate the instant lease agreement.

However, on September 9, 2013, the Defendant: (a) leased the instant building to D without the Plaintiff’s consent; (b) KRW 2,50,000 (2,500,000 if sales are at least KRW 25 million) per month; (c) lent the instant building for a fixed period of six months (hereinafter “the instant sub-lease”); and (d) from that time until June 2015, the Defendant occupied and used the instant building.

3) On April 13, 2015, the Plaintiff: “C sublets the instant building to D; thus, the instant lease agreement is terminated. By April 21, 2015, the Plaintiff sent the instant building to the Plaintiff with content-certified mail, which was delivered to the Plaintiff by April 21, 2015; and the mail was served to the Defendant around that time. [Grounds for recognition] The Plaintiff did not dispute; the Plaintiff’s evidence Nos. 1, 2, 3, and 8 (which is contrary to the foregoing evidence No. 3) are not trustable.

statement, the purport of the whole pleading

B. The instant lease agreement was terminated as a breach of the Defendant’s duty to sublease on April 21, 2015. Therefore, the Defendant, except in extenuating circumstances, is obligated to deliver the instant building to the Plaintiff and return unjust enrichment equivalent to the rent calculated by the rate of KRW 1.1 million per month from April 22, 2015 to the completion date of delivery of the instant building from April 22, 2015 to April 21, 2015.

The plaintiff sought a return of unjust enrichment equivalent to the rent calculated at the rate of 2 million won per month according to the sub-lease contract of this case, but the plaintiff also sought a return.

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