logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2015.01.13 2013가단11079
건물명도 등
Text

1. The Defendant (Counterclaim Plaintiff) orders the Plaintiff (Counterclaim Defendant) to 128.25 square meters of the geographical floor among the real estate listed in the attached Table.

Reasons

1. The fact that there is no dispute over the claim of the principal lawsuit, and comprehensively taking account of the purport of the entire pleadings in the statement in Gap evidence Nos. 1 through 4, the plaintiff entered into a lease contract with the defendant on December 30, 201 by setting the lease deposit amount of KRW 3,00,000 with respect to the lease property of KRW 128.25 square meters (hereinafter "the lease property of this case"), among the real estate listed in the separate sheet (hereinafter "the building of this case"), and the lease term of KRW 3,00,000 with respect to the lease property of this case, from January 2, 2012 to January 1, 2013, and KRW 260,000 each month (hereinafter "the lease contract of this case"), and the defendant did not pay the lease contract of this case from November 2012 to the defendant on the ground that the lease contract of this case was terminated by the plaintiff on the grounds that the lease contract of this case was terminated by more than two years.

Therefore, the defendant is obligated to deliver to the plaintiff the object of the lease of this case and pay the money calculated by the ratio of KRW 260,000 per month from January 2, 2013 to the completion date of delivery of the object of the lease of this case, as the plaintiff seeks by unjust enrichment equivalent to the rent and rent.

As argued below, the defendant suffered loss due to inundation of the leased object of this case, and thus the plaintiff is liable for compensation. Since the plaintiff and the defendant did not reach an agreement on the amount of damages, they did not deliver the leased object of this case, the plaintiff's claim for return of unjust enrichment equivalent to the rent of the plaintiff is without merit.

The Defendant did not reach an agreement on the amount of damages caused by inundation of the leased object of this case on the sole basis that the Plaintiff and the Defendant did not reach an agreement.

arrow