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(영문) 대구지방법원 2015.09.25 2015가단6545
건물명도
Text

1. The defendant shall be the plaintiff.

(a) deliver each building listed in the separate sheet;

(b)payment of 8,00,000 won and c.

Reasons

1. Facts of recognition;

A. The Plaintiff leased each of the above buildings from the owners of each building listed in the separate sheet.

(hereinafter referred to as “instant building”) each building listed in the attached list. B

On May 1, 2013, the Plaintiff entered into a sublease contract with the Defendant and the instant building, setting the sub-lease period from May 1, 2013 to March 31, 2015, and monthly rent as KRW 2,00,000.

C. The Defendant paid only the rent to the Plaintiff by September 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 to 6, Gap evidence 3, Gap evidence 4 and 5-1 to 6, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, since the sub-lease contract of this case has expired due to the expiration of the period of validity, the defendant is obligated to deliver the building of this case to the plaintiff due to its restitution.

Furthermore, the Defendant is obligated to pay the Plaintiff rent of KRW 8,00,000 (for four months from October 1, 2014 to January 2014) and the amount of unjust enrichment equivalent to the monthly rent of KRW 2,00,000 from February 1, 2015 to the time when he/she delivers the instant building to the Plaintiff.

(The amount of profit resulting from the possession and use of the building of this case is equivalent to the rent, and the rent under the sub-lease contract of this case is 2,00,000 per month as seen earlier, and the rent after the termination of the sub-lease contract of this case is presumed to be the same amount as the amount stipulated in the contract).

The first defendant's assertion as to the defendant's assertion was made by investing an amount equivalent to KRW 105,690,570 in order to operate a restaurant after the front of the building of this case, and purchasing an indoor interior interior interior interior interior interior decoration, such as tent, walls, second floor dwelling space, toilets, electricity pipeline construction, etc. In order to purchase the kitchen equipment, cooling, and heating equipment necessary for restaurant business. Of the above costs, KRW 40,000,000 corresponding to indoor interior interior interior interior interior decoration costs, etc. is beneficial or beneficial.

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