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Reasons
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(영문) 대구지방법원경주지원 2019.04.17 2018가단3345
건물인도등
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1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

B. From April 1, 2017, the delivery of the above building.

Reasons

1. Facts of recognition;

A. On January 29, 2016, Nonparty C leased a building listed in the attached list (hereinafter “instant building”) to the Defendant as KRW 100,000,000,000 for lease deposit and KRW 240,000 for rent, and around that time, delivered the instant building to the Defendant.

B. On December 20, 2016, the Plaintiff succeeded to the registration of ownership transfer based on sale on October 31, 2016 with respect to the instant building on December 20, 2016, but the Defendant paid only the rent for March 2017 to the Plaintiff and did not pay the rent thereafter.

C. On December 10, 2018, a copy of the instant complaint stating the Plaintiff’s declaration of intent to terminate the said lease agreement on the grounds of the delinquency in payment of two or more rents was served on the Defendant.

[Grounds for Recognition] deemed confession (Article 150 (3) and (1) of the Civil Procedure Act)

2. According to the above findings of the determination as to the cause of the claim, the above lease contract was terminated on December 10, 2018 and terminated.

Therefore, the defendant is obligated to pay from April 1, 2017 to the completion date of delivery of the building of this case the rent or unjust enrichment equivalent to the rent (the amount of profit from the possession and use of the real estate in ordinary case shall be the rent of the real estate, and the amount equivalent to the rent after the termination of the lease shall be presumed to be the rent of the real estate) from April 1, 2017 to the end date of delivery of the building of this case, which is the day following the period when the plaintiff delivered the building of this case to the plaintiff and was paid the rent to the plaintiff.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.

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