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(영문) 대구지방법원 포항지원 2018.10.02 2018가단1597
건물인도등
Text

1. The defendant shall be the plaintiff.

A. Of the buildings listed in the separate sheet, each point of the separate sheet Nos. 1, 2, 3, 4, and 1 shall be in sequence.

Reasons

Comprehensively taking account of the purport of each of the statements in Evidence A Nos. 1 through 4, the Plaintiff entered into a lease agreement with the Defendant on December 2, 2016, with each of the items indicated in the separate sheet Nos. 1, 2, 3, 4, and 1 (hereinafter “instant real estate”) of the first floor in the ship connected with each of the items listed in the separate sheet Nos. 1, 1,000,000, the lease deposit amount of KRW 180,000, the monthly rent of KRW 180,000, and the period from December 2, 2016 to December 1, 2017. The instant lease agreement was explicitly renewed on or after December 1, 2017, and the Defendant did not pay the said rent from November 2, 2017, and it can be recognized that the instant real estate was occupied up to the present date.

According to the above facts, since the renewed lease contract of this case was lawfully terminated due to the defendant's delinquency in rent, the defendant is obligated to deliver the real estate of this case to the plaintiff.

In addition, since the lease deposit KRW 1,00,000 under the instant lease agreement was deducted from the amount of overdue rent of KRW 1,080,000 (180,000 x 6 months) between November 2, 2017 and May 1, 2018, the Defendant is obligated to return to the Plaintiff the amount of unjust enrichment equivalent to the rent of KRW 80,000 based on the ratio of KRW 180,000 and KRW 180,000 from May 2, 2018 to the completion date of delivery of the instant real estate.

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

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