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(영문) 대구지방법원서부지원 2015.01.21 2014가단24666
건물명도
Text

1. The defendant shall be the plaintiff.

A. A building indicated in the attached Table at the same time as receiving KRW 20,000,000 from the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. The recognition C, around July 31, 2009, leased the instant building to the Defendant by setting the lease deposit amount of KRW 20 million, KRW 1.5 million per month, and the lease period from August 1, 2009 to July 31, 2012.

(hereinafter “instant previous lease agreement”). On May 23, 2012, the Plaintiff purchased the instant building from C, and acquired ownership. Around July 31, 2012, the Plaintiff concluded a lease agreement with respect to the Defendant and the building at issue with the terms of KRW 20 million, KRW 1.65 million, KRW 1.65 million, KRW 1.65 million, and the lease period from August 1, 2012 to July 31, 2014.

(hereinafter “instant lease agreement.” After paying the said lease deposit, the Defendant, upon delivery of the instant building, operated the automobile maintenance center, and paid all the rent or rent amount until January 31, 2015.

[Reasons for Recognition] Unsatisfy, entry of Gap 1 through 3, the purport of the whole pleadings

B. According to the facts found above, the instant lease contract terminated after July 31, 2014, which was the expiration date, and the expiration date. As so, the Defendant is obligated to deliver the instant building to the Plaintiff at the same time with the payment of KRW 20 million from the Plaintiff as requested by the Plaintiff.

In addition, the Defendant is obligated to return to the Plaintiff the unjust enrichment equivalent to the rent up to the time of transferring the said building to the Plaintiff, since the Defendant occupied the building of this case even after the termination of the instant lease agreement.

However, following the termination of the instant lease agreement, it is ratified that the rent is the same as the rent during the lease period. Since the Defendant fully paid the Plaintiff the amount equivalent to the rent up to January 31, 2015, the Defendant is obligated to return the unjust enrichment calculated by the ratio of KRW 1.65 million from February 1, 2015, which is the next day, to the Plaintiff.

The plaintiff on December 1, 2014 to the defendant on the date of the first pleading.

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