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(영문) 대구지방법원안동지원 2020.06.23 2019가단2476
건물인도 등
Text

1. The defendant shall be the plaintiff.

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

(b) As from March 27, 2019, KRW 927,430 and the foregoing.

Reasons

According to the overall purport of evidence Nos. 1 through 5, the Plaintiff leased, on August 27, 2018, buildings listed in the separate sheet (hereinafter referred to as “instant building”) to the Defendant as KRW 200,000 per the lease term from August 27, 2018 to August 26, 2019. The Defendant did not pay the Plaintiff the rent from March 27, 2019. The Plaintiff notified the Plaintiff on July 5, 2019 that “the said lease contract is terminated on the ground of overdue arrears,” and the Plaintiff may recognize the fact that the Plaintiff paid the management fees and gas costs of the instant building on behalf of the Defendant from February 27, 2019 to August 26, 2019.

According to the above facts, since the lease contract between the plaintiff and the defendant was terminated, the defendant is obligated to deliver the building of this case to the plaintiff, pay the management expenses and gas costs paid by the plaintiff in total to the plaintiff, and pay the amount calculated by the ratio of KRW 200,000 per month from March 27, 2019 to the completion date of delivery of the building of this case as unjust enrichment equivalent to unpaid rent or rent.

The defendant alleged that the president of the company working for the defendant continued to use the building of this case so that he could communicate directly with the plaintiff and the above president, and that he left the building of this case. However, there is no evidence to prove that the defendant lawfully transferred the status of the party under the lease agreement with the plaintiff to another person.

Therefore, the defendant's argument is without merit.

After all, the plaintiff's claim of this case is accepted on the grounds of merit.

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