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(영문) 대구지방법원경주지원 2020.08.11 2019가단3359
건물명도등
Text

1. The defendant shall order each point of the attached Form 1, 2, 3, 4, and 1 among the buildings listed in the attached Table list to the plaintiff.

Reasons

1. Comprehensively taking account of the written evidence No. 1 and the purport of the entire pleadings as to the cause of the claim, the Plaintiff leased (hereinafter “the instant lease”) each of the leased premises of approximately 160 square meters on the part of “1” in the attached Form No. 1, 2, 3, 4, and 1 among the buildings listed in the attached Table among the buildings listed in the attached Table to the Defendant on May 14, 2013 by setting the lease term from May 14, 2013 to May 13, 2018, lease deposit amounting to KRW 10 million and KRW 270,000 per month (hereinafter “the instant building”).

According to the above facts, since the lease of this case ends on May 13, 2018, the defendant is obligated to deliver the part of the building of this case to the plaintiff, and the plaintiff was paid the rent by September 28, 2017. Thus, the defendant is obligated to pay the plaintiff the rent or unjust enrichment equivalent to the rent calculated at the rate of KRW 270,000 per month from September 29, 2017 to the completion date of delivery of the part of the building of this case.

2. Around May 2017, the Defendant’s judgment on the Defendant’s assertion was reduced by KRW 2.30,000 per month, which was the tea of the instant lease.

Although the defendant alleged that he paid the rent up to December 2017, there is no evidence to acknowledge it.

Therefore, the defendant's above assertion is without merit.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.

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