(영문) 대구지방법원김천지원 2020.03.04 2019가단4294

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(영문) 대구지방법원김천지원 2020.03.04 2019가단4294

건물인도, 월 임료

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1. The defendant shall be the plaintiff.

(a) Of the real estate listed in the separate sheet, each point of the separate sheet Nos. 1, 2, 3, 4, 5, 6, 7, 8, and 1.

Reasons

1. The following facts are not disputed between the parties, or may be acknowledged in full view of the purport of the entire pleadings in Gap evidence Nos. 1, 2, 3, and 4:

The Plaintiff entered into a lease agreement with the Defendant with regard to the lease deposit amount of KRW 15,00,00,000, monthly rent for rent (payment on the fiveth day of each month), and the lease term of KRW 15,00,000,00 for the first floor retail store of the first floor (hereinafter “instant building”) connecting each point of (a) part of the attached drawing Nos. 1, 2, 3, 4, 5, 6, 7, 8, and 1 among the real estate listed in the attached list among the real estate listed in the attached Table, with the Defendant, to lease by setting the lease term from March 28, 2019 to March 28, 2024.

(hereinafter “instant lease agreement”). B.

The Defendant paid to the Plaintiff KRW 1,00,000 on June 3, 2019 under the instant lease agreement, KRW 1,000,000 on June 11, 2019 ( KRW 300,000 on June 11, 2019), and KRW 1,000 on July 1, 2019, respectively, as the rent for three months, and thereafter, did not pay the rent thereafter.

C. The Plaintiff filed the instant lawsuit against the Defendant claiming that the instant lease contract was terminated on October 17, 2019 on the grounds that the Defendant had not been paid the rent under the instant lease agreement, and the Plaintiff filed a lawsuit against the Defendant seeking unjust enrichment equivalent to the delivery, overdue rent, and rent of the instant building. The duplicate of the instant complaint was served on the Defendant on October 24, 2019.

At present, the defendant occupies and uses the building of this case.

2. Assertion and determination

A. The plaintiff alleged that the lease contract of this case is terminated on the grounds that the defendant was not paid rent for at least two years, and the defendant borrowed KRW 21,500,000 from B and opened the business by borrowing the building of this case from his wife B to leave the building of this case. The plaintiff did not operate the business by demanding repayment and avoiding disturbance. The defendant refused to pay rent.

유사 판례

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