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(영문) 대구지방법원 2017.09.22 2017가단108742
건물명도(인도)
Text

1. The defendant is against the plaintiffs:

(a) the indication of the real estate indicated in the attached Form and the drawings indicated in the attached Form 1.

Reasons

1. Facts of recognition;

A. On February 8, 2009, the Plaintiffs entered into a lease agreement with the Defendant on a three-year basis with regard to the lease deposit for the parts (B) containers (hereinafter collectively referred to as the “the instant table”) connected each point of (a) the table table and the drawings attached thereto, which successively connected each point of (a) the specifications on the attached real estate as indicated in the attached table and the attached table Nos. 1, 2, 3, 4, and 1; and (b) the leased real estate as indicated in the attached table Nos. 5, 6, 7, 8, and 5; and (b) the lessee was responsible for the entire repair of the facilities. Since the contract expires due to a special agreement, the Defendant did not demand the Plaintiffs for any terms such as the premium, facility cost, etc., and the Defendant, the lessee, as the whole.

B. After that, the Plaintiffs and the Defendant, who continued to pay the rent in arrears, have become extinct all of the lease deposit, reduced the monthly rent to KRW 2.2 million without the lease deposit, and concluded a lease contract again by setting the lease term by March 4, 2015.

C. The Defendant’s delay in paying the tea amounting to KRW 12,200,000,000 in total, which was not paid until March 4, 2017.

Accordingly, on March 13, 2017, the Plaintiffs sent to the Defendant a certificate that the said lease contract is terminated on the grounds that the said lease contract is unpaid, and on March 15, 2017, the said certificate reaches the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings

2. Determination

A. According to the above facts as to the cause of the claim, the above lease agreement was lawfully terminated by the plaintiffs' declaration of intent to terminate the contract on the grounds of the defendant's failure to pay rent.

I would like to say.

Therefore, the Defendant is obligated to deliver the instant table to the Plaintiffs, and pay the rent of KRW 12,200,000 for rent not paid until March 4, 2017 and the unjust enrichment equivalent to the rent of KRW 2.2 million for the period from March 5, 2017 to the time when he/she delivers the table of this case.

(b).

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