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(영문) 대구지방법원 2019.07.10 2018가단134267
건물명도(인도)
Text

1. The defendant shall receive KRW 8,00,323 from the plaintiff, and at the same time, shall be attached to the building stated in the attached Table among the buildings to the plaintiff.

Reasons

1. Facts of recognition;

A. On December 10, 2012, the Plaintiff concluded a lease contract with the Defendant and the instant first-rise store with a rental deposit of KRW 15 million, KRW 550,000,000 per month (on the last day of each month), from January 1, 2013 to December 31, 2015 (hereinafter “instant first-class lease contract”), and a lease contract with a lease term of KRW 70,000,000 (hereinafter “the instant underground lease object”) north of the instant building, among the instant buildings, for lease deposit of KRW 3 million and KRW 30,00,000 per month (hereinafter “the instant underground lease contract”) from January 1, 2013 to December 31, 2017 (hereinafter “the instant lease contract”).

B. From January 1, 2016 to June 1, 2016, the instant lease agreement was increased to KRW 600,000,000, respectively, and KRW 660,000 from July 1, 2017.

C. The instant lease agreement was terminated at the latest around the end of August 2018, and the instant lease agreement was terminated around August 2017, when the Defendant delivered the instant underground leased object to the Plaintiff.

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

2. The assertion and judgment

A. The Plaintiff’s assertion is demanding the Defendant to receive the remainder of the overdue rent or unjust enrichment from the deposit deposit under each of the instant lease agreements to January 31, 2019, and simultaneously deliver the instant 1st floor store to the Defendant at the same time, and to pay the unjust enrichment calculated by the rate of KRW 660,000 per month from February 1, 2019 to the date the delivery of the instant 1st floor store is completed.

B. According to the facts of the recognition of the delivery of the 1st floor store in this case, the Defendant is obligated to deliver the 1st floor store in this case to the Plaintiff, barring special circumstances, and to pay unjust enrichment calculated by the ratio of KRW 660,000 per month, which is equivalent to the rent of the 1st floor store in this case from February 1, 2019 to the completion date of delivery of the 1st floor store in this case.

(c) the amount of the rent in arrears until January 31, 2019.

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