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(영문) 대구지방법원서부지원 2016.05.31 2015가단8319
건물명도등
Text

1. The Plaintiff:

A. Defendant A delivers a building listed in the attached list, and the said building from May 1, 2015, including KRW 4,000,000.

Reasons

On September 5, 2012, the Plaintiff acquired ownership of a building listed in the separate sheet (hereinafter “instant building”) on the grounds of sale from C on September 5, 2012.

On March 1, 2013, the Plaintiff entered into a lease agreement with Defendant A, who had resided in the instant building since the ownership of C, as set forth in the terms of KRW 3 million, monthly rent of KRW 400,000 (prepayment on March 1), and the term of lease from March 1, 2013 to February 2014.

Defendant A did not pay to the Plaintiff the lease deposit and the rent for ten months from July 2014 to April 2015.

Meanwhile, around November 8, 2011, Defendant B moved into the instant building and resides in the second floor.

In the instant complaint, the Plaintiff expressed his/her intent to terminate the said lease agreement on the grounds of the payment of the deposit for lease deposit and the delinquency in rent, and the duplicate of the complaint reached Defendant A on May 30, 2015.

[Ground of recognition] In light of the above facts without dispute, Gap evidence Nos. 1, 2, 3, and Eul evidence Nos. 2 (including numbers, if any) and the purport of the whole pleadings, the lease agreement between the plaintiff and the defendant A was lawfully terminated upon delivery to the defendant A of a copy of the complaint of this case containing the intention of termination on the ground of the non-payment of the lease deposit and the non-payment of rent.

Therefore, Defendant A is obligated to deliver the instant building to the Plaintiff upon the termination of the lease agreement, except in extenuating circumstances. Defendant A is obligated to pay the Plaintiff the rent of KRW 4 million in arrears for the ten-month period (=40 million won in arrears x 10 months) and the amount of unjust enrichment equivalent to the rent or rent of KRW 400,000 per month from May 1, 2015 to the completion date of delivery of the instant building from May 1, 2015 to the completion date of delivery.

In addition, Defendant B sought the removal of disturbance as the owner of the instant building, except in extenuating circumstances.

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