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(영문) 대구지방법원 2019.06.20 2018가단22753
건물인도
Text

1. The defendant is against the plaintiffs:

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

(b)payment of 390,000 won;

C. Newly Inserted by Presidential Decree No. 2890, Dec. 1, 2

Reasons

1. Indication of claim;

A. On July 27, 2017, the Plaintiffs, as the owners of the real estate listed in the attached list (hereinafter “instant real estate”), entered into a lease agreement between the Defendant and the Plaintiffs, setting the lease term to the Defendant as KRW 5 million with the monthly rent of KRW 700,000 (in advance of 20,000,000), and the lease term from August 20, 2017 to August 19, 2019. Under the said lease agreement, the Plaintiffs handed over the instant real estate to the Defendant on August 20, 2017.

B. Since the Defendant did not pay monthly rent from April 20, 2018, the Plaintiffs terminated the said lease contract as a duplicate of the instant complaint on the grounds that the monthly tax amount in arrears reaches at least three months.

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiffs.

C. Meanwhile, the monthly tax amount in arrears until November 19, 2018 is 5,390,000 won in total, and 3,90,000 won in arrears remains if the deposit is deducted. Therefore, the Defendant is obligated to pay the Plaintiffs the monthly tax in arrears and 3,90,000 won, and the Defendant is obligated to pay the Plaintiffs the unjust enrichment equivalent to the monthly tax calculated at the rate of KRW 7,00,000 per month from November 20, 2018 to the completion date of delivery of the instant real estate.

2. Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);

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