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(영문) 대구지방법원포항지원 2016.11.08 2016가단3056
건물인도
Text

1. The defendant is against the plaintiffs:

(a) deliver the real estate listed in the separate sheet;

(b) 1 million won and October 1, 2016.

Reasons

1. Facts of recognition;

A. On December 11, 2014, the Plaintiffs entered into a commercial lease agreement with the Defendant on the attached list owned by the Plaintiffs (hereinafter “instant building”) stating that “The term of lease deposit of KRW 10 million, the term of lease of KRW 2,000,000,000 per month, monthly rent of KRW 11,000,000,000 per month, and the rent of KRW 11,000,000,000 per month” (hereinafter “instant lease agreement”), delivered the said building, and received the said deposit from the Defendant.

B. However, the Defendant did not pay a vehicle from December 11, 2015 (the pre-paid date of December 2015), and the Plaintiffs sent a letter verifying the content of the instant lease to the Defendant on February 19, 2016, stating that “In spite of several demands, the Defendant was in arrears for at least three occasions, and thus, the instant lease contract was terminated and the building was delivered to the Defendant.”

C. On April 19, 2016, the Plaintiffs filed the instant lawsuit seeking delivery of the instant building and payment of overdue rent on the premise that the lease contract was terminated, and the Defendant received the duplicate of the instant complaint on June 1, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 4 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, after the Defendant’s failure to pay the rent from December 11, 2015 (on December 2015), thereby reaching the three-year rent, the Plaintiffs sent the content-certified mail to the Defendant on February 19, 2016, and then filed the instant lawsuit, the validity of the termination of the lease agreement, which occurred on June 1, 2016, and the contract is terminated.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiffs and pay an amount of unjust enrichment equivalent to the rent or rent, calculated by the ratio of KRW 110,000 per month from December 11, 2015 (on December 2015) to the delivery completion date of the said building, from December 11, 2015 to December 11, 2015.

3.

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