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(영문) 대전지방법원 2015.10.28 2014가단231139
건물명도
Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

B. As from September 20, 2014, the delivery of the above building.

Reasons

1. Facts of recognition;

A. On August 20, 2010, the Plaintiff entered into a contract with the Defendant to lease the buildings listed in the separate sheet (hereinafter “instant building”) with the amount of KRW 20 million for the lease deposit, and the amount of rent KRW 2 million per month for the lease deposit.

B. On April 27, 2014, around 02:00, at around 02:0, a fire was destroyed and partly destroyed from the outer wall of a prefabricated building (hereinafter “instant fire”) at a prefabricated site adjacent to the instant building (hereinafter “instant fire”), and the Daejeon Provincial Police Agency, which discovered a fire, determined that it is difficult to understand specific sources of fire.

C. The Defendant concluded a fire insurance contract on the instant building with Hyundai Marine Fire Insurance Co., Ltd., and Hyundai Marine Fire Insurance Co., Ltd. calculated the amount of damages of the building caused by the instant fire as KRW 12,542,478, and paid insurance money to the Defendant between June 12, 2014 and August 14, 2014.

The defendant did not pay to the plaintiff the rent that occurred after August 20, 2014.

However, the Plaintiff exempted the Defendant from the monthly rent in consideration of the fact that the Defendant suffered damages due to the instant fire.

E. In the instant complaint, the Plaintiff expressed his/her intent to terminate the lease agreement on the instant building on the grounds of the Defendant’s delinquency in rent, and on January 28, 2015, a duplicate of the complaint was served on the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 4, and 5, and the fact-finding results of this court's inquiry into Hyundai Marine Fire Insurance Co., Ltd., the purport of the whole pleadings

2. According to the above facts finding as to the part on the delivery of a building and the claim for rent, since the lease contract between the Plaintiff and the Defendant was lawfully terminated on the grounds of the Defendant’s delinquency in rent, the Defendant is obligated to deliver the instant building to the Plaintiff. From September 20, 2014 to September 20, 2014, the Defendant is obligated to pay the Plaintiff the amount of unjust enrichment equivalent to the rent or rent, calculated at the rate of KRW 2 million per month.

As seen earlier.

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