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(영문) 대구지방법원 2020.04.23 2019가단22668
건물명도 등
Text

1. The defendant is against the plaintiffs:

(a) deliver the second floor of real estate indicated in the attached list 160.72 square meters;

(b)each of 17,325,000 Won;

Reasons

1. Facts of recognition;

A. The Plaintiffs owned the building shares 1/2 shares of the real estate listed in the separate sheet (hereinafter “instant building”).

B. (1) The Defendant leased the second floor of the instant building (hereinafter “the instant leased object”) as KRW 36 million from October 1, 2018 to December 31, 2019, and KRW 3850,000 (including value-added tax and payment on every 15th day).

(2) The leased object of this case is used as a restaurant.

C. (1) The Defendant did not pay a total of 3,465,000 won of the rent for nine months until December 15, 2019.

(2) The Plaintiffs expressed in the instant complaint the intent to terminate the lease contract on the grounds that the lease contract is unpaid.

[Reasons for Recognition] Entry of Evidence Nos. 1 through 3, the purport of the whole pleadings

2. Determination as to the cause of action

(a) If the lessee of a commercial building fails to pay rent for the three-year period, the lessor may terminate the contract;

(Article 10-8 of the Commercial Building Lease Protection Act) The lease contract between the plaintiffs and the defendant was terminated according to the above facts.

B. The Defendant is obligated to pay the Plaintiffs KRW 17,325,00, each of which is calculated by dividing the unpaid rent from December 15, 2019 to December 15, 2019 by the Plaintiffs’ share (i.e., KRW 3,465 million x 1/2) and damages for delay calculated by the rate of 12% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from January 7, 2020 following the delivery of the complaint of this case to the date of full payment, and ③ pay the unpaid rent from December 16, 2019 to the completion date of delivery of the leased object of this case by unjust enrichment equivalent to the unpaid rent or the rent from December 1, 205 to the completion date of delivery of the leased object of this case.

3. The plaintiffs' claims of this case are justified and acceptable.

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