(영문) 대구지방법원 2019.07.11 2019가단5748

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(영문) 대구지방법원 2019.07.11 2019가단5748

건물명도 등

Text

1. The defendant shall be the plaintiff.

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

(b)payment of KRW 3,000,000;

C. April 2019

Reasons

1. Facts of recognition;

A. On September 21, 2018, the Plaintiff entered into a lease agreement with the Defendant as to the building listed in the attached list owned by the Plaintiff (hereinafter “instant apartment”) from September 21, 2018, between KRW 20,000, monthly rent of KRW 1,000,00 (Provided, That each of the KRW 1,050,000 for October, 2018, November, and December, respectively, and the lease term of KRW 6,00 for each month) and the period of lease from October 6, 2018 to October 5, 2020 (hereinafter “instant lease agreement”). Under the instant lease agreement, the Plaintiff delivered the instant apartment to the Defendant.

B. The Defendant paid only KRW 10,000,000 among the lease deposit to the Plaintiff, and did not pay the remainder of KRW 10,000,000 until January 6, 2019, and did not pay the monthly rent from January 6, 2019.

C. Accordingly, on February 28, 2019, the Plaintiff expressed his/her intent to terminate the instant lease agreement on the grounds that the Defendant was in arrears with at least two months of monthly rent, and notified the termination of the instant lease agreement by serving a duplicate of the instant complaint on the Defendant.

Nevertheless, the defendant is occupying and using the apartment of this case until the date of closing the argument of this case.

[Ground of recognition] Facts without dispute, entry of Gap 1-4 evidence, purport of the whole pleadings

2. According to the above facts of recognition, since the instant lease contract was lawfully terminated on February 28, 2019, the Defendant is obligated to deliver the instant apartment to the Plaintiff, and the Defendant is obligated to pay KRW 3,00,000 to the Plaintiff with the amount of money for the period from January 6, 2019 to April 5, 2019 as unjust enrichment equivalent to the monthly rent and rent, and to pay the amount of KRW 1,00,000 per month, which is an amount equivalent to the monthly rent, from April 6, 2019 to the completion date of delivery of the instant apartment from April 6, 2019.

3. The plaintiff's claim for conclusion is accepted on the grounds of all the reasons.

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