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(영문) 대구지방법원 포항지원 2018.01.16 2017가단104222
토지인도
Text

1. The defendant shall be the plaintiff.

(a) At the port of one story, North-gu C, North-gu, 461 square meters, and its ground light metal structure board.

Reasons

Comprehensively taking account of the purport of the arguments in Gap evidence Nos. 1 through 4, the plaintiff entered into a lease agreement with the defendant on July 25, 2012 with the following: (i) the lease deposit amount of KRW 3,000,000, monthly rent of KRW 400,000 (Monthly 16, August 16, 2012) and the lease agreement with each of the periods from August 16, 2012 to August 15, 2017 (hereinafter "the lease agreement of this case"); (ii) the defendant did not construct a prefabricated-type building for office on the land of this case; (iii) the new construction and registration of preservation of ownership under the name of the plaintiff; and (iv) the defendant did not receive the above lease deposit amount from KRW 0,00,00,00, KRW 461,000, KRW 10,000, KRW 200,000, KRW 16,000.

According to the above facts, the lease contract of this case was legally terminated due to the defendant's delinquency in rent.

Therefore, the Defendant is obligated to deliver to the Plaintiff the instant land and buildings, and to return unjust enrichment equivalent to the rent of KRW 1,400,000 (i.e., unpaid rent of KRW 4,400,000 - deposit for lease of KRW 3,00,000) and the rent of KRW 40,000 from August 16, 2017 to the completion date of delivery of the instant land.

As to this, the Defendant entered into the instant lease contract with the aim of establishing a building on the instant land and doing business, and the Plaintiff did not accept a request for business registration.

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