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Reasons
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(영문) 대구지방법원김천지원 2019.06.19 2018가단5139
건물명도
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1. The defendant shall be the plaintiff.

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

B. 3,100,000 Won and the above A from May 1, 2019

Reasons

1. The following facts do not conflict between the parties or may be acknowledged in full view of the purport of the entire pleadings as to Gap evidence Nos. 1, 2, 3, and 4:

Attached Form

The real estate indicated in the list (hereinafter “instant building”) is subject to inheritance by agreement and division as of October 8, 201, and the registration of ownership transfer was completed under the name of the Plaintiff on January 12, 2012. On September 28, 2017, the Plaintiff concluded a lease agreement with the Defendant and the building of this case to lease KRW 5,00,000 for the lease deposit, KRW 380,000 for the rent month (payment on a first day of each month, KRW 40,00 for November 1, 2018), and the lease term from November 1, 201 to October 31, 2019 (hereinafter “instant lease agreement”).

B. Under the instant lease agreement, the Defendant paid KRW 5,00,000 to the Plaintiff for lease deposit, and resided in the instant building for December 2, 2017 while living thereafter, paid KRW 720,000 on April 2018, and paid KRW 380,000 on July 2018, and paid KRW 40,000 on September 2018.

C. The Plaintiff repeatedly filed the instant lawsuit against the Defendant seeking unjust enrichment equivalent to the delivery of the instant building, overdue rent, and rent, by asserting that the instant lease contract was terminated on the grounds that the Defendant had not been paid at least two occasions. The duplicate of the instant complaint was served on the Defendant on December 30, 2018.

On December 8, 2018, before receiving a duplicate of the instant complaint, the Defendant paid KRW 400,000,000, which was before receiving the duplicate of the instant complaint. After receiving a duplicate of the instant complaint, the Defendant paid KRW 400,000 each month from February 2, 2019 to April 2019, and paid KRW 3,860,000 in total.

E. At present, the Defendant occupies and uses the instant building.

2. Determination as to the cause of the claim

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