(영문) 대구지방법원포항지원 2017.10.31 2017가단1361

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(영문) 대구지방법원포항지원 2017.10.31 2017가단1361

건물명도(인도)

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1. The defendant is the North-gu G, H, I W, I, and I, the sandbrote structure sand panel and slope sloping roof to the plaintiffs in the port of port.

Reasons

1. Determination as to the cause of claim

A. The facts of recognition 1) On November 19, 2015, the network A, among the 1st floor general restaurants of 347.4 square meters in the second floor of the 2nd floor neighborhood living facilities in the 347.4 square meters of the 2nd floor of the G, H, I, I, the sand position panel, and the 347.4 square meters of the 2nd floor of the G, B, 5, 5,66, and 118 square meters of the 118th floor area in the ship (hereinafter referred to as the “instant store”).

(1) As to the lease deposit, the lease agreement stipulated under the terms and conditions as of November 29, 2017, including the lease deposit amount of KRW 70,000,000, the rent of KRW 6,500,000, and the lease agreement stipulated under the terms and conditions as of November 29, 2015 (hereinafter “instant lease agreement”).

(2) The Defendant did not pay the difference to the deceased A from November 29, 2016.

3) On the other hand, the deceased died on August 1, 2017 during the instant lawsuit pending, and the plaintiffs, who were their successors, taken over the lawsuit.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 6 (including virtual number), the purport of the whole pleadings

B. Determination 1) The fact that the delivery of the instant store was recognized and the Defendant’s declaration of intention to terminate the instant lease agreement on April 21, 2017 is apparent in the record that the duplicate of the complaint was delivered to the Defendant on the grounds of the Defendant’s delinquency in rent. Therefore, the instant lease agreement was lawfully terminated on April 21, 2017. Therefore, barring any special circumstance, the Defendant is obligated to deliver the instant store to the Plaintiffs, who are the deceased’s heir, due to the restoration to the original state following the termination of the instant lease agreement. 2) Unless there are special circumstances, the instant lease agreement was terminated as seen earlier, and the Defendant obtained the benefits of use by occupying the instant store and thereby suffered the same amount of damages to the Plaintiffs.

In case of commerce, the amount of profit from the possession and use of the real estate is equivalent to the rent of the real estate.

유사 판례

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