(영문) 대구지방법원 2016.04.08 2015가단40705

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 대구지방법원 2016.04.08 2015가단40705

건물명도

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1. The defendant shall be the plaintiff.

(a) Of the first floor of the building listed in the separate sheet, each point is indicated in the separate sheet No. 1, 2, 5, 4, 1.

Reasons

1. Facts of recognition;

A. On July 25, 2013, the Plaintiff: (a) leased the leased deposit amount of KRW 10,00,000 for the part of item (a) (one story) (one story) connected in order to each point of the attached Form No. 1, 2, 5, 4, and 1 among the first floor of the building listed in the attached Table on July 25, 2013; (b) leased the leased deposit amount of KRW 24 months for the lease; and (c) monthly rent of KRW 650,000 for the first floor of the building listed in the attached Table on March 1, 2014; and (d) leased the part (one story 2,3,6,5, and 29.17 square meters (one story 2) for the lease period and KRW 150,000 for the monthly rent of KRW 24 months for the lease period and KRW 150,000.

(a) (a) and (b)(b) of this case.

The Defendant does not pay monthly rent after February 2015 while running business upon receiving the instant building from the Plaintiff.

C. On October 27, 2015, a duplicate 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 in rent more than two times was served on the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6 (including additional number), the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the instant lease agreement was lawfully terminated around October 27, 2015 according to the Plaintiff’s declaration of termination on the ground of the Defendant’s default on the payment of rent.

Therefore, the defendant is obligated to deliver the building of this case to the plaintiff, and after the defendant's delinquency in paying the rent, to pay the rent of 800,000 won per month from July 26, 2015 to the completion date of delivery of the building of this case (the rent of 650,00 won (the rent of 650,000 won above (the partial rent of 150,000 won) and unjust enrichment equivalent to the rent of 80,000 won, as claimed by the plaintiff.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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