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(영문) 대구지방법원영덕지원 2019.08.13 2019가단413
건물인도 등
Text

1. The defendant shall be the plaintiff.

A. From 10,00,000 won to 3,600,000 won from the Plaintiff, and from March 8, 2019 to the attached list.

Reasons

1. Facts of recognition;

A. On March 7, 2016, the Defendant leased the instant real estate owned by the Plaintiff from the Plaintiff as follows.

Deposit: 10 million won, and 700,000 won per month: From March 7, 2016 to March 6, 2017

B. On March 7, 2017, the Defendant leased the instant real estate from the Plaintiff as follows.

(hereinafter referred to as “instant lease contract”). Deposit: 60,000 won per month: Term of lease: Article 4 [Termination of a contract] from March 7, 2017 to March 6, 2018 when a lessee has failed to pay a rent at least twice or violated Article 3, the lessor may terminate the said contract without delay.

C. On May 2, 2018, the Plaintiff installed urban gas in the instant real estate by taking into account KRW 3.9 million.

From September 7, 2018 to March 6, 2019, the Defendant did not pay to the Plaintiff a rent or unjust enrichment of KRW 3.6 million (=6 million per month x six months) of the instant lease agreement.

E. On February 13, 2019, the Plaintiff sent to the Defendant a content-certified mail containing the purport that the instant lease contract will be terminated on the grounds of unpaid rent, which reaches the Defendant on February 14, 2019.

F. The instant real estate is currently occupied and used by the Defendant.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 6, 7 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the facts found in the judgment on the cause of the claim, the instant lease agreement was lawfully terminated on February 14, 2019, and barring any other circumstance, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and as requested by the Plaintiff, to pay rent or unjust enrichment calculated at the rate of KRW 3.6 million per month from March 8, 2019 and from March 8, 2019 to the completion date of delivery of the instant real estate.

3. Judgment on the defendant's assertion

A. 1 The defendant is the plaintiff of this case.

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