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(영문) 대구지방법원서부지원 2015.09.24 2015가단667
건물명도
Text

1. Defendant C:

(a) deliver the buildings listed in Attachment 1;

B. KRW 4,500,000 and February 5, 2015

Reasons

1. Basic facts

A. On May 21, 2012, Plaintiff A leased to Defendant C a building listed in attached Table 1 (hereinafter “instant building”) as a deposit of KRW 5 million, monthly rent of KRW 500,000 (payment on May 5), and lease period from June 4, 2012 to 60 months.

(hereinafter “The first lease contract of this case”). (b)

However, Defendant C does not pay the monthly rent of KRW 4.5 million even after deducting the deposit from January 5, 2015.

C. On March 21, 2013, among the buildings listed in attached Table 2, which are owned by Defendant D, Plaintiff B leased 5 million won as security deposit, monthly rent of KRW 450,000 (payment on March 21), and the lease period of March 20, 2015 (hereinafter “instant lease agreement”) to Defendant D by setting the lease of KRW 5 million as security deposit, monthly rent of KRW 450,000 (payment on March 21), and Defendant D and Defendant C jointly occupied and used it.

However, Defendant D did not pay the monthly rent of KRW 3.85,00,000, after deducting the deposit by December 21, 2014.

E. Accordingly, the Plaintiffs terminated each of the instant lease agreements to the said Defendants on the grounds of the service of a duplicate of the instant complaint on the grounds of two or more vehicles of rent delay.

[Ground of recognition] Unsatisfy, each entry and video of Gap evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings

2. Determination as to the cause of claim

A. According to the facts found in the judgment as to the Plaintiff’s claim, since the contract for the lease of the instant case was lawfully terminated by the delivery of a copy of the complaint in which the declaration of termination is contained, Defendant C is obligated to deliver the instant building to the Plaintiff, and the unpaid rent of KRW 4.5 million and the unpaid rent of KRW 4.5 million from February 5, 2015 to the completion date of delivery of the said building are obligated to return the rent and unjust enrichment calculated by the ratio of KRW 50,000 per month from February 5, 2015 to the completion date of delivery of the said building.

B. According to the facts found in Defendant D’s judgment as to Plaintiff B’s claim, the instant lease contract is terminated.

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