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(영문) 대구지방법원김천지원 2017.05.31 2016가단34522
건물명도
Text

1. The defendant shall be the plaintiff.

(a) deliver one floor of the buildings listed in the separate sheet;

(b) KRW 19,200,000 and its 17,000 among them;

Reasons

1. Facts of recognition;

A. On September 1, 2013, the Plaintiff entered into a lease agreement with the Defendant on one floor among the buildings listed in the attached Table (hereinafter “instant building section”) with the term “the lease deposit amount of KRW 5 million, KRW 2.2 million per month, KRW 2 million per month, KRW 1 per month, and the term of lease from September 1, 2013 to September 1, 2015 (hereinafter “instant lease agreement”). On September 1, 2013, the Plaintiff delivered the instant building section to the Defendant.

B. From October 29, 2013 to August 30, 2016, the Defendant paid to the Plaintiff a total of KRW 63.8 million (per 29 months).

C. On October 10, 2016, the Plaintiff terminated the instant lease agreement to the Defendant on the ground of the 9-year grace period.

“The content-certified mail” sent.

[Reasons for Recognition] Each entry of Gap evidence Nos. 2 through 4, the purport of the whole pleadings

2. Determination

A. According to the above facts, it is reasonable to view that the instant lease contract was terminated on or around October 10, 2016, and the Defendant is obligated to deliver the instant building portion to the Plaintiff and pay unjust enrichment equivalent to the overdue rent or rent.

B. According to the facts of recognizing unjust enrichment equivalent to overdue rent or rent from February 1, 2016 to December 31, 2016, as follows: (a) the rent of KRW 638 million already paid by the Defendant is appropriated for the rent up to January 31, 2016; (b) the Defendant, from February 1, 2016 to December 31, 2016, deducts the remainder of KRW 19.2 million from the sum of the overdue rent or rent of KRW 24.2 million from the sum of the overdue rent to December 31, 2016, deducting KRW 5 million from the deposit; (c) the payment of KRW 17 million from the date of such overdue rent to December 30, 2016 (from November 30, 2016 to the date of delay to the date of December 16, 2016 to the date of delivery of a copy of the complaint of this case (from the date of service of the Plaintiff’s unjust enrichment).

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