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(영문) 대구지방법원 2018.11.30 2018가단12619
건물명도및임료등
Text

1. The defendant

A. Of the real estate listed in the separate sheet, each point in the separate sheet Nos. 1, 2, 7, 8, and 1 is the order.

Reasons

1. Facts of recognition;

A. On March 6, 2018, the Plaintiff entered into a lease agreement with the Defendant and the Plaintiff by setting the lease deposit amount of KRW 21.5 million with respect to the lease deposit amount of KRW 2,1.5 million, monthly rent of KRW 21.5 million, and the lease term of KRW 2.15 million from April 1, 2018 to March 31, 2020, and the Plaintiff received KRW 2.155 million from the Defendant on the date of the contract.

B. However, the Defendant occupied the instant factory without paying KRW 7.85 million out of the remainder of lease deposit to the Plaintiff, and did not pay the Plaintiff the monthly rent from June 1, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the facts of the above recognition, the Defendant did not pay KRW 7.85 million among the lease deposit stipulated in the above lease agreement, and the lease agreement was terminated due to the reasons attributable to the Defendant, as it was in arrears for more than three years.

I would like to say.

Therefore, from June 1, 2018, the Defendant has a duty to order the Plaintiff to use the instant factory and return unjust enrichment equivalent to the rent of KRW 2,365,00 (including surtax) calculated by the rate of KRW 2,365,00 per month until the Plaintiff is ordered to order the instant factory from June 1, 2018.

3. Therefore, the plaintiff's claim of this case is accepted for reasons of the conclusion.

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