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(영문) 대구지방법원 2020.11.13 2020가단133342
건물인도
Text

For the plaintiffs, the defendant

(a) deliver each real estate listed in the separate sheet;

B. A from February 5, 2020 to February 5, 2020

subsection (b).

Reasons

1. Basic facts

A. On July 16, 2019, the Plaintiffs entered into a lease agreement with the Defendant on each of the real estate listed in the separate sheet (hereinafter “instant commercial building”) with the deposit of KRW 50 million, KRW 4.4 million per month, KRW 4 million per month (including value-added tax, and KRW 500,000 per month), and from August 5, 2019 to August 4, 2022 (hereinafter “instant lease agreement”).

B. On July 22, 2019, the Plaintiffs delivered the instant commercial building to the Defendant, and the Defendant occupied and used the instant commercial building from that time.

C. The Defendant paid to the Plaintiffs deposits and rents as follows, and did not pay as from February 2020.

Article 4 of the instant lease agreement provides that “If a lessee’s overdue overdue charge reaches a lessee’s three-year overdue charge, the contract may be terminated immediately.”

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of whole pleadings

2. Determination as to the cause of action

A. According to the above facts of recognition, as of September 21, 2020, the Defendant delayed the payment of rent for more than three months, and the fact that the duplicate of the complaint of this case, on September 21, 2020, stating that the Plaintiffs expressed their intention to terminate the instant lease agreement on the grounds of the Defendant’s delinquency in rent, was delivered to the Defendant is apparent in the record.

Therefore, since the above lease contract was legally terminated and terminated, the defendant is obligated to deliver the commercial building of this case to the plaintiffs.

B. Meanwhile, the Defendant did not pay the rent after February 5, 2020. Since the Defendant continued to occupy and use the commercial building of this case even after the termination of the instant lease contract, it is obligated to gain profit equivalent to the usage profit and thereby, to return it to the Plaintiffs, who are lessors, thereby causing damages equivalent to the same amount. The amount of unjust enrichment is ordinarily due to the possession and use of real estate.

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