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(영문) 대구지방법원 2017.11.29 2017가단120643
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

(b) As from July 21, 2017, KRW 207,070 and above.

Reasons

1. On April 12, 2004, the Plaintiff entered into a lease agreement with the Defendant stating that “The lease deposit is KRW 3,000,000, the rent is KRW 150,000 per month, and the lease term is from April 20, 2004 to April 19, 2006,” with respect to the buildings listed in the separate sheet (hereinafter “the leased object of this case”).

The plaintiff and the defendant have reduced the amount of KRW 100,000 per month during which they had implicitly renewed the above lease contract.

From December 21, 2015 to July 20, 2017, the Defendant paid a total of KRW 1,900,000 for the 19-month rent, and the Defendant paid a total of KRW 1,307,070 in lieu of the management fee by June 2017.

Since the Defendant was in arrears, the Plaintiff terminated the above lease contract by serving a duplicate of the complaint in this case.

Therefore, the Defendant is obligated to deliver the leased object of this case to the Plaintiff, and pay KRW 207,070,070 calculated by deducting KRW 3,000,000 from the sum of the rent and management expenses accrued from the above-paid rent of KRW 3,207,00, and return the amount equivalent to KRW 100,000 per month, which is the amount equivalent to the rent from July 21, 2017 to the completion date of delivery of the building, as unjust enrichment.

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).

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