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(영문) 대구지방법원 포항지원 2018.10.02 2018가단167
건물인도
Text

1. The defendant shall be the plaintiff.

(a) deliver to Nam-gu C Sang-gu, South-gu, one story of 106 m2, 16.38 m2, moving to Jeju-do, at port;

(b) 985,530 won;

Reasons

Comprehensively taking account of the purport of each statement in Evidence A Nos. 1 through 5, the Plaintiff entered into a lease agreement with the Defendant on April 10, 2012, stipulating that the real estate stated in Disposition No. 1 (hereinafter “instant real estate”) was leased as KRW 1,00,000 per month of lease deposit, and KRW 1,00,000 per month of rent, and that the Plaintiff is the said vehicle from August 2015. The Plaintiff was determined as KRW 70,000 per month; the Defendant was exempted from the total amount of lease deposit due to delay in the payment of rent; and as of March 1, 2017, the lease deposit was deducted from KRW 355,530, and from April 11, 2017 to October 10, 2018.

According to the above facts, since the above lease contract was lawfully terminated due to the defendant's delinquency in rent, the defendant is obligated to deliver the real estate of this case to the plaintiff and return the amount of unjust enrichment equivalent to the rent of this case from January 11, 2018 to January 70, 200 won.

Therefore, the plaintiff's claim of this case is accepted on the ground of the reasons.

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