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대구지방법원포항지원 2017.12.27 2017가단103281
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) Class 1, 2, and 1, 2, of the South-gu Gyeongyang-gu CGyeongyang-gu Gyeongban Stickllll, sand position plate, and one story.

Reasons

1. Facts of recognition;

A. On March 31, 2015, the Plaintiff entered into a lease agreement with the Defendant for the lease deposit of KRW 10,000,000 for the instant building, KRW 1,570,00 for the rent of KRW 1,570 for each month (prepaid on January 1), and the lease agreement between March 31, 2015 and March 31, 2018 (hereinafter “instant lease agreement”).

B. The Defendant paid the rent up to February 2017 and did not pay the rent for the rental period after February 28, 2017.

C. On June 1, 2017, the Plaintiff sent to the Defendant a certificate of the content that “the instant lease contract is terminated on the grounds of the delinquency in rent pursuant to Article 4 of the instant lease agreement,” and was served around that time.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, 4, and 5, and the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the facts of the recognition of the above request for extradition, the lease contract of this case occurred due to a rent for not less than two months, and the reason for termination under Article 4 of the lease contract of this case occurred, and on this reason, the document proving the plaintiff's declaration of intent notifying termination of the contract was delivered to the defendant, and thus, the defendant is obligated to deliver the building of this case to the plaintiff, unless there are special circumstances.

B. According to the fact that the unpaid rent and the claim for unjust enrichment equivalent to the unpaid rent are recognized, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the overdue rent of KRW 4,710,000, which occurred from February 28, 2017 to May 29, 2017 (=3 months 1,570,000 per month x 3 months), and to pay to the Plaintiff the overdue rent of KRW 1,570,00 per month from May 30, 2017 to the completion date of delivery of the building of this case.

The Plaintiff sought payment of the overdue rent for six months during the period from April 1, 2016 to June 1, 2017, but the Defendant paid part of the overdue rent after the instant lawsuit. As such, the Plaintiff filed a claim for overdue rent exceeding the three months recognized earlier.