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(영문) 대구지방법원경주지원 2019.06.19 2019가단602
건물인도 등
Text

1. The Defendant shall deliver to the Plaintiff the 1st floor general restaurant 94.82 square meters among the buildings listed in the attached list.

2. The defendant is a non-party.

Reasons

1. Facts of recognition;

A. On April 11, 2016, the Plaintiff issued an order to the Defendant.

On April 11, 2016, the building mentioned in paragraph (1) (hereinafter referred to as “instant store”) was leased as KRW 6 million, KRW 1 million per month of lease deposit, and KRW 1 million. Around that time, the instant store was delivered to the Defendant.

B. Since then, Nonparty C, with the permission of the Plaintiff, has been paying the Plaintiff rent in managing the frequency at the instant store with the permission of the Plaintiff. The Defendant and C began to delay the payment of rent from August 11, 2016 and did not pay the rent until now.

C. On January 1, 2017, the Plaintiff notified the Defendant and C of the intent to terminate the said lease on the grounds of the delinquency in rent for at least three months.

[Grounds for Recognition] deemed confession (Article 150 (3) and (1) of the Civil Procedure Act)

2. According to the above findings of the determination as to the cause of the claim, the above lease contract was terminated on January 1, 2017 and terminated.

Therefore, the defendant is obligated to deliver the instant store to the plaintiff, and the defendant is jointly with C to pay the plaintiff the amount of unjust enrichment equivalent to the rent of KRW 1,00,000 per month from May 11, 2017 to the completion date of delivery of the instant store (the amount of profit from occupation and use of real estate in ordinary cases shall be deemed the amount equivalent to the rent of the real estate).

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

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