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(영문) 대구지방법원 2017.04.25 2016가단128558
건물명도
Text

1. From 15,00,000 to 16, 201, the Defendant: Daegu Dong-gu and 1st residential facilities (retail stores) from the Plaintiff from July 16, 2016 to 223.

Reasons

1. Facts of recognition;

A. On May 15, 2012, the Plaintiff concluded an agreement with the Defendant on May 15, 2012, on the lease term of the Daegu Dong-gu C and the first floor neighborhood living facilities (retail stores) 223.11 square meters (hereinafter “instant building”) from May 15, 2012 to May 15, 2015; the lease deposit amount of KRW 20 million; and the rent of KRW 750,000 per month (the first day of each month; and prepaid).

(hereinafter “instant lease agreement”). B.

On May 2012, the Plaintiff and the Defendant agreed to reduce the lease deposit of the instant lease from KRW 20 million to KRW 15 million.

C. The Defendant’s notice of overdue rent and termination of a lease agreement was not paid since July 2016.

On October 16, 2016, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the grounds of the delinquency in rent.

The defendant is currently occupying and using the building of this case.

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap's 1 through 9 (including each number), and the purport of the whole pleading

2. According to the facts of recognition on the duty to deliver a building, the instant lease contract was terminated by the Plaintiff’s notice of termination on the grounds of overdue rent for more than three years.

Therefore, the Defendant is obliged to pay the Plaintiff the remainder after deducting the rent or unjust enrichment equivalent to the rent from KRW 15,00,000 to KRW 15,000 from July 16, 2016 to the completion date of the delivery of the building of this case from the rent calculated at the rate of KRW 7,50,000 per month.

3. As such, the plaintiff's claim of this case is justified within the above scope of recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

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