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(영문) 대구지방법원 2016.04.01 2015가단42138
건물명도
Text

1. The defendant shall be the plaintiff.

(a) Of the real estate listed in the separate sheet, each point is indicated in the separate sheet No. 1, 2, 3, 4, 5, 6, 7, and 1.

Reasons

1. Facts of recognition;

A. On September 15, 201, the lease deposit amount of KRW 10,00,00, monthly rent of KRW 1,200,00, and the lease period of KRW 1,20,000, which was determined as of September 14, 201, was concluded on the part (Ga) connected in order to each point of the items in the separate sheet Nos. 1, 2, 3, 4, 5, 6, 7, and 1 among the real estate listed in the separate sheet (hereinafter “instant building”).

B. D transferred the status of lessee of the instant building to the Defendant, and the Defendant currently resides in the instant building.

C. The Plaintiff purchased real estate listed in the separate sheet from C on August 8, 2015 and completed the registration of ownership transfer as the receipt of No. 229596, Sept. 24, 2015, from the Daegu District Court’s registry office.

The Defendant did not pay rent at all after the Plaintiff acquired the ownership of the instant building, and a copy of the instant complaint containing the Plaintiff’s declaration of intent to terminate the instant lease agreement on the grounds of the Defendant’s delinquency at least twice in rent was served on the Defendant on November 5, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. Determination

A. According to the above facts, the instant lease agreement was lawfully terminated around November 5, 2015 according to the Plaintiff’s declaration of intention of termination on the grounds of the Defendant’s delinquency in rent.

Therefore, barring any special circumstance, the Defendant is obligated to deliver the instant building to the Plaintiff, and pay the Plaintiff money at the rate of KRW 1,100,000 per month that the Plaintiff seeks within the scope of the said contractual rental fee, as unjust enrichment equivalent to the rental fee and the rental fee, from September 24, 2015 to September 2015, which the Plaintiff acquired ownership of the instant building from the completion of delivery of the said building.

B. As to this, the Defendant asserts to the effect that the lease contract for the instant building was explicitly renewed on September 15, 2014, and thus, the Defendant could reside until September 14, 2016.

In the instant case, spam, etc.

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