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(영문) 대구지방법원 2019.01.30 2018가단7280
건물인도등
Text

1. The defendant shall be the plaintiff.

(a) Of the buildings listed in the separate sheet, each point of indication 1, 2, 3, 4, and 1 of drawings;

Reasons

Facts of recognition

On October 1, 2014, the Plaintiff concluded a lease agreement with the Defendant on October 12, 2017, changing the above lease term into April 15, 2018 with the lease deposit of KRW 18 million, monthly rent of KRW 18 million (payment by no later than January 16, 2014), from October 16, 2014 to October 15, 2017 (hereinafter “instant lease agreement”); and on October 12, 2017, the lease agreement was concluded between the Defendant and the Defendant to change the above lease term into the lease term by April 15, 2018.

The Defendant received the instant real estate after the instant lease agreement and used it as a factory warehouse until now.

The Defendant did not pay rent from November 2016, but the Plaintiff notified the Defendant that the instant lease contract will be terminated several times from February 17, 2017 to March 28, 2018.

[Grounds for recognition] In light of the facts without dispute, Gap evidence Nos. 1, 2, and 3, and the purport of the whole pleadings, the lease agreement of this case was lawfully terminated by the plaintiff's notice of termination on the ground of delinquency in payment of rent. The defendant, by occupying and using the real estate of this case as before up to the date, obtains the profit equivalent to the rent, thereby causing damage equivalent to the above amount to the plaintiff. The rent after the termination of the lease agreement of this case on the real estate of this case shall be confirmed to be KRW 1,98,00 per month (including value added tax) which is the rent of this case.

Therefore, the Defendant, a lessee, is obligated to deliver the instant real estate to the lessor, and to pay unjust enrichment calculated by the ratio of KRW 1980,000 per month from November 16, 2016 to the completion date of delivery of the instant real estate.

In conclusion, 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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