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Reasons
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(영문) 대구지방법원경주지원 2015.08.11 2015가단1669
건물명도 등
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1. The defendant shall be the plaintiff.

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

B. From May 25, 2015, the above buildings.

Reasons

1. Facts of recognition;

A. The real estate listed in the separate sheet (hereinafter “instant building”) was originally owned by the Plaintiff’s mother, and around December 2012, the network C leased the instant building to the Defendant by setting the lease deposit of KRW 15,000,000, monthly rent of KRW 900,000 (prepaid payment on December 12, 201), and from December 12, 2012 to December 12, 2015, and thereafter, handed over the instant building to the Defendant.

B. On March 12, 2013, the registration of ownership transfer was completed on February 18, 2013 by the Plaintiff, one of his successors, following the death of the deceased C.

C. On April 4, 2013, the Plaintiff leased the instant building to the Defendant by setting the lease deposit of KRW 15,000,000, monthly rent of KRW 900,000 (prepaid payment on April 12, 201), from April 4, 2013 to April 4, 2016.

As the Plaintiff did not pay the rent from January 5, 2014, the Plaintiff filed the instant lawsuit against the Defendant, and subsequently served the Defendant on April 14, 2015, a duplicate of the instant complaint containing an expression of intent to terminate the instant lease agreement on the ground of the overdue rent at least twice by the Defendant.

【Ground of recognition】 The fact that there is no dispute, Gap 1, 2, 3-1, 2-2, and the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the above lease agreement was terminated on April 14, 2015, which was served on the Defendant on April 14, 2015, when the Defendant delayed to pay the rent from January 5, 2014 to the date, and the Plaintiff expressed his/her intention to terminate the lease agreement of this case on the grounds of delinquency in rent at least twice by the Defendant.

Therefore, the Defendant ordered the Plaintiff to leave the instant building, and the amount of rent and rent equivalent to 16 months from January 5, 2014 to May 24, 2015, computed by deducting the Plaintiff from KRW 15,000,000, out of the amount of overdue rent and unjust enrichment equivalent to the amount of rent and rent for 16 months from January 5, 2014 to May 24, 2015.

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