(영문) 대구지방법원 2019.12.05 2018가단105610

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(영문) 대구지방법원 2019.12.05 2018가단105610

건물명도(인도)

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1. The Defendant (Counterclaim Plaintiff) B is the Plaintiff (Counterclaim Defendant).

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

(b) October 2018;

Reasons

1. On September 5, 2017, the Plaintiff entered into a lease contract between Defendant B and the lessor with respect to the real estate listed in the separate sheet (hereinafter “instant housing”) owned by the Plaintiff, setting the lease deposit amount of KRW 10 million as a joint lessee, from September 8, 2017 to September 7, 2019, with the monthly rent of KRW 400,000,000, respectively, and around that time, according to the said lease agreement, the Plaintiff transferred the instant housing to the Defendants.

However, the Defendants paid only the monthly rent of 5 million won and 1/100 of the lease deposit until October 8, 2017, and did not pay the remainder KRW 5 million and the monthly rent thereafter.

Therefore, the Plaintiff terminated the lease contract by serving a duplicate of the instant complaint on the ground that the deposit and monthly tax are unpaid. The Defendants are obligated to deliver the instant house to the Plaintiff due to its restitution, and the Defendants are jointly and severally liable to pay the Plaintiff unjust enrichment or damages equivalent to the overdue monthly and monthly tax, calculated by the ratio of KRW 400,000 per month from October 8, 2017 to the completion date of delivery of the instant house.

The Plaintiff sought against the Defendants the delivery of the instant housing, and sought payment of the amount of KRW 5 million from October 8, 2017 to October 22, 2018, calculated by offsetting the Defendants’ claim for unjust enrichment or damages equivalent to the amount of monthly overdue rent and monthly rent (400,000 won x 12.5 months) and the amount of money calculated by calculating the ratio of KRW 400,000 per month from October 23, 2018 to the completion date of delivery of the instant housing from October 23, 2018.

2. Determination

A. In full view of the overall purport of the pleadings, the following facts can be acknowledged in the statements in Gap evidence Nos. 1, 2, and 3.

1 The Plaintiff is related to the instant housing between Defendant B and around September 5, 2017.

유사 판례

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