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(영문) 대구지방법원 포항지원 2017.04.25 2016가단3858
건물인도
Text

1. The defendant shall pay 600,000 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. The costs of lawsuit;

Reasons

1. Facts of recognition;

A. On January 15, 2016, the Plaintiff entered into a lease agreement with the Defendant, C, and Gyeongbuk-do, on a yearly rent of KRW 1,200,000, and the lease term of KRW 1,200,000, and from January 15, 2016 to January 15, 2018 (hereinafter referred to as “instant lease agreement”) with respect to housing of 39.6 square meters (hereinafter “instant building”), with respect to the cement block block structure, bridge, and 39.6 square meters of the instant building, the Plaintiff included a provision that “if the lessee fails to pay rent for at least two months, the lessor may terminate the lease agreement.”

B. The Defendant did not pay rent to the Plaintiff after the conclusion of the instant lease agreement.

C. On May 3, 2016, the Plaintiff sent text messages that contain the intent to terminate the instant lease agreement without paying rents to the Defendant. D.

On the other hand, the Plaintiff sold the instant building to E on July 1, 2016. On October 28, 2016, E completed the registration of ownership transfer on the ground of sale on July 1, 2016, and at the time, the instant building was occupied by the Defendant.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 3 and 11, the purport of the whole pleadings

2. According to the facts of the determination on the cause of the claim, the instant lease agreement was lawfully terminated upon the arrival of text messages on May 3, 2016, on the grounds of the Defendant’s delinquency in payment of rent, to the Defendant.

Unless there are special circumstances, the defendant is obliged to pay the unpaid rent to the plaintiff.

In addition, according to the facts of recognition of the front line, the defendant obtained the benefits of use by occupying the building of this case, and thereby caused the damage equivalent to the amount to the plaintiff.

In addition, in ordinary cases, the amount of profit from the possession and use of real estate is equivalent to the rent of the real estate, and the monthly rent of this case is 100,000 won (=1,200,000 x 1/12).

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