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(영문) 대구지방법원포항지원 2019.09.10 2019가단2894
건물명도 등
Text

1. The Defendant shall deliver to the Plaintiff the real estate indicated in the attached list, and each month from September 20, 2019 to the completion date of the above delivery.

Reasons

On August 30, 2016, the Plaintiff leased real estate listed in the separate sheet to the Defendant as KRW 20,000,000, monthly rent of KRW 300,000. The Defendant paid only KRW 10,00,000 among the above deposit, but did not pay the above rent once. The Plaintiff directly expressed his intention to terminate the above lease contract several times since 2018, the fact that there is no dispute between the parties, or that the Plaintiff expressed his intention to terminate the said lease contract to the Defendant on several occasions after 2018 is recognized by taking account of the overall purport of the pleadings as set forth in the evidence No.

Therefore, as the above lease contract was terminated on the ground of the defendant's delinquency in rent, the defendant is obligated to deliver the above real estate to the plaintiff and pay the amount calculated by applying the plaintiff's unjust enrichment equivalent to the rent or rent (it takes into account the deduction amount from KRW 10,000,000, which is part of the deposit amount received from the defendant, from November 20, 2016, reflecting the fact that the occupancy of the defendant was delayed on the ground of the foregoing real estate interior works, etc.) from September 20, 2019 to the completion date of the above delivery.

(A) In light of the circumstances leading up to the instant lawsuit following the Defendant’s failure to pay the rent, the Defendant asserted that the Defendant paid KRW 18,00,000 for the repair cost because the Defendant incurred water leakage in the above real estate, and thus, it should be reimbursed from the Plaintiff. However, the evidence submitted by the Defendant, including each description or image of evidence Nos. 2 and 4 (including the serial number), is insufficient to acknowledge the facts of the instant assertion, and there is no other evidence to acknowledge it.

The plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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