(영문) 대구지방법원 2020.02.05 2019가단16830

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(영문) 대구지방법원 2020.02.05 2019가단16830

건물명도 등

Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

(b) KRW 2,400,000 and as regards it,

Reasons

1. The Plaintiff entered into a lease contract (hereinafter “instant contract”) with the Defendant on March 19, 2019, setting the lease deposit amount of KRW 10,000,000 from April 1, 2019 to April 1, 2021, the lease deposit amount of KRW 600,000 from April 1, 201, and the monthly rent of KRW 600,000 (hereinafter “the instant contract”). The Defendant did not pay the lease deposit and the monthly rent of April 2019; the Plaintiff expressed his/her intent to terminate the instant contract by content-certified mail as of July 10, 2019; the instant content-certified mail reached the Defendant on July 19, 2019; the fact that the Defendant occupied the instant real estate by the closing date of argument does not conflict between the parties or is recognized by adding the entire number of evidence Nos. 1 to the evidence No. 3 (including the number No. 3).

According to the above facts, since the contract of this case was lawfully terminated, the defendant shall deliver the real estate of this case to the plaintiff, and the unpaid rent of 2,400,000 won (=600,000 won per month x 4 months from May 1, 2019 to August 2019) and the plaintiff's claim as to this, 5% per annum as prescribed by the Civil Act from September 18, 2019 to September 18, 2019, and 12% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of complete payment, and the defendant shall be obligated to pay the amount equivalent to the unjust enrichment of 600,000 won per month from September 1, 2019 to the day of complete delivery of the real estate of this case.

2. As to the Defendant’s assertion, the Defendant refused to receive monthly rent on the ground that the date of payment of lease deposit was not fixed, but the Plaintiff failed to pay the lease deposit.

In light of these circumstances, the instant contract was not concluded. The instant contract was not concluded.

참조조문

-민법

-소송촉진 등에 관한 특례법

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