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(영문) 대구지방법원 포항지원 2018.11.20 2018가단2941
건물인도등
Text

1. The defendant shall be the plaintiff.

(a) Each point of the specifications No. 1, No. 2, 3, 4, and 1 of the Annexed Table No. 1 of the Building.

Reasons

1. On September 1, 2009, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting each of the terms as of September 1, 2010, as indicated in paragraph (1) of the attached Table 1 [Attachment 1, 2, 3, 4, and 1 attached hereto, which is owned by the Plaintiff, that there is no security deposit for the building (as to the building (a) part (a) and 24.6 square meters connected with each point of the attached Table 1, 2, 4, and 1] (hereinafter “instant building”).

The Plaintiff filed a suit against the Defendant as the Daegu District Court Branch 2015 Ghana19182, and the appellate court rendered a judgment ordering the Defendant to pay KRW 12,050,000 to the Plaintiff for arrears until June 2015. The above judgment became final and conclusive.

Since July 1, 2015, the defendant does not pay the rent to the plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the facts of the above recognition, the lease contract of this case was lawfully terminated by the delivery of the complaint of this case due to the Defendant’s delinquency in rent.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff, and pay the Plaintiff the rent or unjust enrichment equivalent to the rent from July 1, 2015 to the completion date of delivery of the instant building at the rate of KRW 250,000 per month.

3. Conclusion, the plaintiff's claim of this case is accepted on the ground of the reasons.

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