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(영문) 대구지방법원서부지원 2014.12.04 2014가단24772
건물명도
Text

1. The defendant shall be the plaintiff.

(a) Of the real estate listed in the separate sheet, the Schedule 1, 2, 7, 6 and 1, respectively.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 5.

On December 19, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, among the real estate listed in the separate sheet, that stipulates that approximately KRW 30,000,000 square meters of the portion (a) in the ship (hereinafter “instant real estate”) connected each point in the order of 1,000,000 won, monthly rent of KRW 2,10,000,000, and the lease period from January 4, 2014 to January 3, 2015.

B. On January 4, 2014, the Defendant paid KRW 1 million to the Plaintiff, and received the instant real estate from the Defendant.

C. However, from March 4, 2014, the Defendant did not pay monthly rent to the Plaintiff under the instant lease agreement.

On September 2, 2014, the Plaintiff entered the Defendant on September 2, 2014, stating that the instant lease contract is terminated due to the Defendant’s aforementioned payment of rent.

2. According to the facts of the above recognition, the instant lease agreement terminated upon the termination of the Plaintiff’s contract on the ground of the Defendant’s delinquency in monthly rent, so the Defendant is obligated to deliver the instant real estate to the Plaintiff and pay the amount calculated by the ratio of KRW 210,000 per month from March 4, 2014 to the completion date of delivery of the instant real estate as unjust enrichment.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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