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(영문) 대구지방법원 2019.04.24 2018가단134984
건물명도(인도)
Text

1. The Defendant shall deliver to the Plaintiff the real estate indicated in the attached list, and shall be listed in the attached list from June 11, 2018.

Reasons

1. Facts of recognition;

A. On November 18, 2017, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 20 million, KRW 1400,000 per month, and the lease term from December 11, 2017 to December 10, 2019 with the Defendant (hereinafter “instant apartment”).

B. The Defendant did not pay rent from June 2018, and the Plaintiff was on August 14, 2018 and the same year.

8. At least 27.2. The Defendant sent to the Defendant a content-certified mail containing an expression of intent to terminate the instant lease agreement on the ground of the delinquency in rent.

C. The Plaintiff notified the Defendant that the instant lease contract was terminated on the ground that the service of the duplicate of the complaint of this case was in arrears for more than two years.

[Ground of recognition] Facts without dispute, entries in Gap evidence 2 and 4 (including a provisional number, hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the above facts of recognition, the instant lease agreement was lawfully terminated on November 6, 2018, when the mail verifying the content of August 14, 2018 reaches the Defendant, or at the latest, on November 6, 2018, the delivery date of a copy of the instant complaint, and thus, the Defendant is obligated to deliver the instant apartment to the Plaintiff, and pay the rent or unjust enrichment equivalent to the rent, calculated at the rate of KRW 1.4 million per month from June 11, 2018 to the completion date of delivery of the instant apartment.

Therefore, the plaintiff's claim is reasonable, and it is decided as per Disposition.

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