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(영문) 대구지방법원 2015.08.18 2015가단17453
건물명도
Text

1. The defendant shall be the plaintiff.

(a) Indication A, B, C, D, and A of the attached drawings among the first floor of the real estate listed in the attached list;

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Reasons

1. The facts that there is no dispute over the cause of the claim, the entries in Gap evidence 2 through 5, and the purport of the entire pleadings are as follows: (i) the plaintiff is the owner of real estate listed in the annexed sheet; (ii) on April 16, 2014, the plaintiff and the defendant entered into a lease contract with the lease deposit of KRW 1 million and KRW 230,000 (the rent payment date shall be the 16th day of each month); and (iii) on December 16, 2014, the defendant did not pay the rent thereafter; and (iv) on April 16, 2015, the fact that the plaintiff sent and received the real estate from the defendant for possession of the real estate in the following manner:

According to the above facts, the above lease contract was lawfully terminated.

As such, the defendant is obligated to clarify the real estate of this case to the plaintiff.

In addition, since the sum of overdue rent or unlawful gains is KRW 1,150,000 (=230,000 x 5 months) from December 17, 2014 to May 16, 2015, the Defendant is obligated to pay it to the Plaintiff, and the Defendant is obliged to pay to the Defendant the amount equivalent to the rent calculated at the rate of KRW 230,000 per month from May 17, 2015 to the completion of the title of the instant real estate.

2. Judgment on the defendant's defense or argument

A. The defendant's defense of set-off against the defendant is set-off with the claim to return the lease deposit.

According to the above facts of recognition, the defendant's defense is justified.

Therefore, the Defendant is entitled to KRW 150,000 (i.e., KRW 1,150,000 - KRW 1,000,000) and KRW 230,000 per month from May 17, 2015 to the completion date of the name of the instant real estate.

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