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(영문) 대구지방법원 2019.10.17 2019가단101790
건물명도(인도)
Text

1. The Defendant’s KRW 5,874,669 as well as the Plaintiff’s annual rate of 5% from September 17, 2019 to October 17, 2019, and the following.

Reasons

1. Basic facts

A. The Plaintiff’s real estate owned by the Plaintiff is the owner of the 965 square meters in the Gyeongdong-gun C warehouse site, the 396 square meters in the D warehouse site, and the 426.6 square meters in the general steel-frame department, the single-story roof, and the 426.6 square meters in the storage facilities (hereinafter “instant real estate”).

B. The Defendant occupied the instant real estate (1) from September 1, 2016 to used the instant real estate as a warehouse. The Defendant continued to use and benefit from the instant real estate until August 21, 2019 that was delivered to the Plaintiff.

(2) In return for the Plaintiff’s use and profit-making of the instant real estate, the Defendant paid KRW 34 million in total (i.e., KRW 10 million on June 7, 2016; KRW 2.4 million on December 17, 2016; KRW 5 million on April 25, 2017; KRW 5 million on July 27, 2017; KRW 5 million on September 25, 2017; KRW 60 million on April 5, 2018) to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-2, the purport of the whole pleadings

2. Determination as to the cause of action

A. (1) The Plaintiff’s assertion (A) the Plaintiff leased the instant real estate to the Defendant with the rent of KRW 1.7 million per month.

The Defendant terminated the lease contract on November 13, 2018 because it did not pay the rent in time.

(B) From September 1, 2016 to November 13, 2018, the Defendant is obligated to pay to the Plaintiff KRW 10,936,66, which is the remainder after subtracting KRW 34 million paid from the agreed rental fee of KRW 44,936,66 [=170,00 per month + (170,000 per month ¡¿ (13/30 per month), less than KRW 130,000; hereinafter the same shall apply].

(2) (A) In order to establish a contract, the standards and methods that would either be consistent with the intent or at least be specifically established in the future on essential or material matters forming the content of the contract must be agreed.

(B) Whether to pay a rent under a lease agreement is an essential and important matter. (B) Whether to pay a rent is an essential and important matter.

The plaintiff himself/herself acknowledges that he/she did not prepare a lease agreement with the defendant.

On November 2, 2018, the defendant is the 1700,000 won per month claimed by the plaintiff.

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