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(영문) 대구지방법원 2018.11.08 2018가단124178
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) Of the fourth floor of the building listed in the separate sheet, each point of the attached sheet No. 1, 2, 3, 4, and 1.

Reasons

1. Facts of recognition;

A. On August 14, 2017, the Plaintiff entered into a lease agreement on (a) part (a) of 502 square meters (hereinafter “instant building”) and 50 square meters (hereinafter “instant building”) among the four floors of the building indicated in the attached Table B and the attached Table attached thereto, among the four floors of the building indicated in the attached Table Nos. 1, 2, 3, 4, and 1, the Plaintiff leased the said building, which is a leased housing, to the Defendant on the same day, as KRW 2,750,000, and KRW 87,510 (the last day of each month of the payment, the rent of January 65, 2018, shall be changed to KRW 60,310).

B. From September 30, 2017 to June 30, 2018, the Defendant did not pay the aggregate of KRW 765,804 (including arrears and allowances for bad debts) for monthly rents.

C. Article 9 of the lease contract provides that a lessor may terminate a contract and demand the withdrawal of a lessor, “if the rent is not paid for at least three months.”

On August 6, 2018, a copy of the complaint of this case, stating the Plaintiff’s declaration of intent to terminate the lease contract on the grounds of the Defendant’s default of rent, was served on the Defendant.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, since the lease contract on the building of this case was lawfully terminated by the plaintiff's declaration of intention to terminate the contract for the reason of delinquency in the rent of the defendant, the defendant is obligated to deliver the building of this case to the plaintiff to its original state, and to pay the rent of this case 765,804 won in arrears and damages for delay calculated at the rate of 15% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from August 7, 2018 to the day of complete payment after the delivery of a copy of the complaint of this case to the day of complete payment, and to pay the amount of money calculated at the rate of 65,310 won per month, which is the unjust enrichment equivalent to the monthly rent from July

Although the defendant did not pay monthly rent, the building of this case is more responsible for the plaintiff.

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