(영문) 대구지방법원 2017.05.30 2016가단28764

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(영문) 대구지방법원 2017.05.30 2016가단28764

건물인도등

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1. From 7,250,000 to 7,250,000 won, the Defendant shall enter the real estate in the list of attached real estate from April 21, 2017.

Reasons

1. Facts of recognition;

A. On March 4, 2014, the Plaintiff entered into a lease agreement with the Defendant to lease the real estate listed in the separate sheet of real estate (hereinafter “instant building”) as follows.

- Lease deposit 15 million won - 700,000 won per month (prepaid on March 20, 2014) - Term of lease from March 20, 2014 to March 19, 2016

The Plaintiff and the Defendant agreed to change the lease deposit amount to KRW 10,000,000 and KRW 7,50,000 each month after the conclusion of the lease contract.

C. Since April 20, 2006, the Defendant notified the Defendant on June 24, 2016 that the said lease contract will be terminated on the ground of the foregoing overdue delay. D.

After June 24, 2016, the Defendant paid part of the rent to the Plaintiff, and has possessed and used the instant building until now, and the unpaid rent by April 20, 2017 is KRW 2.75 million.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleadings

2. According to the above facts such as the duty to deliver a building, the lease contract on the building of this case was terminated by the notification of termination to the Plaintiff due to the delay in rent by the Defendant. The obligation of the Defendant to deliver the building of this case to the Plaintiff and the Plaintiff to pay the Defendant the remaining money after deducting the amount of unjust enrichment equivalent to rent or damages from the lease deposit after the termination of the lease.

Therefore, the Defendant is obliged to deliver the instant building to the Plaintiff at the same time, along with receiving the remainder of the money calculated by deducting the amount of rent of KRW 10 million from the Plaintiff to April 20, 2017 and the amount equivalent to the rent of KRW 2.75 million after April 21, 2017, namely, the amount calculated by deducting the amount of money calculated by the rate of KRW 750,000 per month from the date the delivery of the instant building is completed.

4. The plaintiff's claim of this case is justified within the scope of the above recognition.

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