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(영문) 대구지방법원 2016.02.04 2015가단112181 (1)
건물명도
Text

1. The defendant shall be the plaintiff.

A. Of the buildings indicated in the attached list, Class II neighborhood living facilities (general restaurants) of one floor shall be 165.3 square meters.

Reasons

1. Facts of recognition;

A. On June 2014, the Plaintiff entered into a lease agreement with the Defendant on the real estate indicated in the order (hereinafter “instant real estate”) with a deposit of KRW 30 million, KRW 4.4 million per month of rent (including value-added tax, and KRW 10,000 per month), and the lease term from June 10, 2014 to June 9, 2016 (hereinafter “instant lease agreement”). At that time, the Plaintiff handed over the instant real estate to the Defendant, and the Defendant thereafter thereafter occupies and uses the instant real estate.

B. From August 2014, the Defendant did not pay rent from August 2014, and 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 for at least two years was served on the Defendant on June 11, 2015.

[Ground of recognition] Unsatisfy, Gap evidence No. 1, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the instant lease agreement was lawfully terminated, barring any special circumstance, and thus, the Defendant is obligated to deliver the instant real estate to the Plaintiff and pay the amount of unjust enrichment equivalent to the rent or rent, calculated at the rate of KRW 440,000 per month from August 10, 2014 to the date the delivery of the instant real estate is completed.

3. The defendant's argument on the defendant's assertion argues that since the non-party C, who is the defendant's arbitr, has a claim against the plaintiff, agreed to offset the rent claim of the real estate of this case until the repayment of the claim is completed, and in addition, the plaintiff used the land of this case as a karaoke parking lot operated by the plaintiff and paid the above C with the rent of 50,000 won per month, it agreed to offset the rent with the rent claim of this case, there is no unpaid rent for the real estate of this case.

On the other hand, there is no evidence to acknowledge the claim asserted by the defendant and the payment agreement of the parking fee and the offset agreement.

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