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(영문) 대구지방법원경주지원 2019.04.03 2018가단15270
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

B. From March 2, 2018, the delivery of the above building.

Reasons

1. Indication of claim;

A. On December 2, 2012, the Plaintiff leased the building indicated in the attached list (hereinafter “instant building”) to the Defendant as the lease deposit amount of KRW 2 million, KRW 250,000 per month, and KRW 250,000 per month from December 1, 2013, and transferred the instant building on the same day.

B. From June 2, 2013 to June 2, 2013, the Defendant delayed payment of the rent for three months, and the Plaintiff sent to the Defendant a document verifying the content that the said lease contract is terminated on September 13, 2013.

Even after the filing date of the instant lawsuit ( December 13, 2018), the Defendant did not pay a total of KRW 4.5 million around the filing date of the instant lawsuit, and continued to occupy and use the instant building without paying KRW 2.5 million, a rent of ten months, even if the deposit is deducted from KRW 2.5 million.

C. On September 2018, the Plaintiff sent to the Defendant a content-certified mail stating the intent to terminate the lease agreement.

Therefore, as the instant lease contract was terminated, the Defendant is obligated to deliver the instant building to the Plaintiff, and pay rent or unjust enrichment at the rate of KRW 250,000 per month from March 2, 2018 to the completion date of delivery of the instant building.

2. Judgment with no ground for recognition (Article 208 (3) 1, and Article 257 of the Civil Procedure Act);

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