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(영문) 대구지방법원 2015.06.18 2014나305192
건물명도
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On December 1, 2010, between the Plaintiff and the Defendant, the Plaintiff entered into a real estate lease agreement between the Plaintiff and the Defendant on the condition that the instant building is leased KRW 20 million, monthly rent of KRW 750,000 (payment on January 1), and the lease period from December 1, 2010 to November 30, 2012 (hereinafter “instant lease agreement”). The Plaintiff was paid KRW 20 million from the Defendant.

B. The defendant's trade name "C" on the building of this case

The main points were operated, and the rent has been in arrears since August 2011, and in March 2012, one million won, which was part of the rent in arrears, was paid to the Plaintiff.

C. Meanwhile, the Defendant’s foregoing outline since July 11, 2012

The main place was not operating, and the present building of this case is required to do so.

Egress, etc. for the operation of main stations are left alone.

[Reasons for Recognition] The fact that there is no dispute or the plaintiff is a person, each entry in Gap evidence 1 to 4, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, the instant lease agreement was terminated on November 30, 2012, and thus, barring any special circumstance, the Defendant is obligated to deliver the instant building to the Plaintiff, and pay KRW 10 million for the period from August 1, 2011 to November 30, 2012 (16 months x 750,000 won) due to delay in payment (1 million won paid on March 201) to the Plaintiff.

B. The Plaintiff’s claim for unjust enrichment or damages equivalent to rent 1) Since the instant building, which had been asserted by the Plaintiff, has not been delivered to the Plaintiff by the Defendant while occupying it up to the present day, the Defendant is obligated to pay the Plaintiff the amount of unjust enrichment or damages equivalent to the rent calculated by the ratio of KRW 750,000 per month from December 1, 2012, the following day of the said lease term, to the time when the instant real estate is transferred to the Plaintiff.

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