(영문) 대구지방법원안동지원 2016.08.24 2016가단1946

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(영문) 대구지방법원안동지원 2016.08.24 2016가단1946

건물명도등

Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

(b) KRW 3,030,000 and this shall apply thereto.

Reasons

1. The following facts can be acknowledged, either in dispute between the parties, or in full view of the purport of the entire pleadings, as stated in Gap evidence Nos. 1 and 2:

Around June 2011, the Plaintiff entered into a lease agreement with the Defendant on the lease of real estate listed in the separate sheet (hereinafter “instant real estate”) owned by the Plaintiff (hereinafter “instant lease agreement”) at the monthly rent of KRW 350,000 per month (payment on January 1), and without setting the lease term (hereinafter “instant lease agreement”). Around that time, the Plaintiff handed over the instant real estate to the Defendant.

B. After that, the Defendant did not pay 30,000 won [2,80,000 won [2,00 won =350,000 won + 130,000 won +1,00 won out of the rent of April, 11, 12, January, 2015, February, 2016, February, 3, and April, 2016] among the rent of April, 2014 to April, 2016.

C. On February 4, 2016, the Plaintiff served to the Defendant a written demand notice on the termination of the instant lease agreement, which contains the content that the instant lease agreement is terminated on the grounds of delinquency in rent, by content-certified mail, and the said content-certified mail reached the Defendant on February 5, 2016.

2. According to the facts of the above recognition, the instant lease contract was terminated by the Plaintiff’s declaration of termination as of February 5, 2016 due to the Defendant’s failure to pay two or more rents, and terminated.

Therefore, the Defendant, the lessee, is obligated to deliver the instant real estate to the Plaintiff, the lessor, and to return the amount of KRW 3030,000,000,000,000 for unpaid rent or unjust enrichment, as well as damages for delay calculated at the rate of 15% per annum from May 18, 2016 to the day of complete payment, which is the day following the delivery of a copy of the instant complaint to the Defendant, and the amount of unjust enrichment equivalent to the rent calculated at the rate of KRW 350,00 per month from May 1, 2016 to the day of delivery of the instant real estate.

3. Conclusion, the plaintiff's objection.

참조조문

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