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(영문) 대구지방법원 2015.02.12 2014가단37078
건물명도 등
Text

1. The plaintiff

A. Defendant B’s interest rate of KRW 16,607,00 and KRW 927,00 among them shall be from January 16, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. around June 2, 2010, Defendant B entered into a lease agreement with the Plaintiff’s mother, and with respect to 74.655 square meters of underground-story housing among the instant buildings owned D, with a deposit of KRW 5 million, KRW 320,000,000 per month, and the period from June 2, 2010 to June 2, 2012. Defendant C entered into the said lease agreement with the Plaintiff with respect to KRW 139.75 square meters of the first floor retail store among the instant buildings (hereinafter “instant retail store”), with a deposit of KRW 20,000,000,000 per month, KRW 1 million per month, and KRW 100,000 (the period from August 2, 2012 to KRW 80,000,000,000) and paid the said deposit to the Plaintiff from June 27, 2011 to June 13, 2011.

B. On October 4, 2014, the Plaintiff succeeded to the status of the lessor in relation to the Defendants by completing the registration of ownership transfer of the instant building due to the inheritance by agreement division.

C. From October 2010, Defendant B did not pay the Plaintiff rent, and the Plaintiff notified Defendant B of the termination of the lease agreement around June 2014.

On November 27, 2014, Defendant B handed over to the Plaintiff the housing of the above underground floor, which is the leased object. Until the time, the sum of the rent in arrears and its considerable unjust enrichment in relation to the above lease agreement is KRW 1,568,00,00, and the public fee paid by the Plaintiff is KRW 927,000.

From August 201, Defendant C did not delay that the Plaintiff was two or more parts of the rent from around August 201, and the Plaintiff notified Defendant C of the termination of the lease agreement around July 2014.

The retail store of this case leased by Defendant C was destroyed to the extent that it would lose its function due to the collapse of the natural environment around July 2014, and the rent in arrears by Defendant C was KRW 4.8 million until June 2014, and public utility charges, such as water supply and sewerage charges paid by the Plaintiff until June 2014, including water supply and sewerage charges paid by the Plaintiff was KRW 1,142,375, and Defendant C paid KRW 5 million to the Plaintiff on October 1, 2014.

[Reasons for Recognition] A. A. 1, 2, 5, 6, 7, 11, 12.

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