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(영문) 대구지방법원서부지원 2015.12.08 2015가단12288
건물명도
Text

1. The defendant is against the plaintiff (appointed party).

A. Of the first floor of the building listed in the attached list, the Attached Form 3, 4, 5, 6.

Reasons

Basic Facts

On July 2, 2013, the Defendant: (a) leased the instant store from C with a deposit of KRW 5 million; (b) KRW 400,000 per month; (c) the lease period from July 2, 2013 to July 1, 2015; and (d) determined that the lessor may terminate the contract at least twice in default.

(hereinafter referred to as “instant lease agreement.” On October 22, 2014, the Plaintiff and the designated parties succeeded to the lessor’s status under the instant lease agreement after completing the registration of ownership transfer by 1/2 shares transfer with respect to the instant store.

The defendant did not pay the difference between April 2015 and June 2015 to the plaintiff and the selected parties D.

Accordingly, in the instant complaint, the Plaintiff expressed his/her intent to terminate the instant lease agreement on the grounds of the delinquency in rent, and the duplicate of the complaint reached the Defendant on July 6, 2015.

[Ground of recognition] In light of the above fact-finding, Gap evidence Nos. 1 and 2, and the purport of the entire pleadings, the lease agreement of this case was duly terminated upon delivery of a copy of the complaint of this case containing the declaration of termination.

Therefore, the Defendant is obligated to deliver the instant store to the Plaintiff, except in extenuating circumstances, and to pay the overdue rent and unjust enrichment equivalent to the rent by the date of the delivery completion of the said store.

With respect to the scope of payment of money, the Plaintiff is a person who was paid KRW 1.6 million from the Defendant on July 23, 2015 during the instant lawsuit, from April 2015 to July 2015, and the Plaintiff agreed to pay the money in advance on the second day of each month. Thus, the said KRW 1.6 million was paid as the rent or the amount of unjust enrichment equivalent to the rent from August 1, 2015.

Therefore, the amount that the Defendant shall pay to the Plaintiff is the unjust enrichment amounting to KRW 400,000 per month from August 2, 2015 to the completion date of delivery of the instant store.

2.3.

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