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(영문) 대구지방법원 2019.06.13 2019가단750
건물명도 등
Text

1. The defendant is against the plaintiffs:

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

B. From January 2, 2019, the above buildings.

Reasons

1. Facts of recognition;

A. On June 15, 2015, the Plaintiffs concluded a lease agreement between the Defendant and the owner who registered the preservation of ownership on each one-half portion of the real estate listed in the separate sheet (hereinafter “instant store”) on July 9, 2015 with respect to the entire first floor of the said real estate (hereinafter “instant store”). The Plaintiffs concluded a lease agreement with the Defendant as between January 1, 2016 and December 31, 2017 with the deposit amounting to KRW 25,00,000,000, and the lease period as between January 1, 2016 and December 31, 2017, and renewed the lease agreement as between January 1, 2018 and December 1, 200, and the deposit amount to KRW 15,00,500,000 (payment on each 30th day of January), and the lease period from January 1, 2018 to January 1, 2019 (hereinafter “instant lease agreement”).

(However, the lease contract was prepared in the name of the plaintiff A on behalf of the plaintiffs.

Plaintiff

On December 17, 2018, A sent to the Defendant a certificate of content that “A, from March 30, 2018 to March 30, 2018, declared that the rent for nine months was overdue, and that the contract was not extended three months prior to the termination of the contract, it shall be terminated at the maturity of the lease contract.”

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of claim, the instant lease contract was terminated upon the expiration of the lease contract term. Thus, the Defendant is obligated to deliver the instant store to the Plaintiffs, and to pay unjust enrichment equivalent to the rent calculated at the rate of KRW 1,500,000 per month from January 2, 2019 to the delivery date of the said building from January 2, 2019 to the expiration date of the contract.

B. As to the Defendant’s assertion, the Defendant spent an amount equivalent to KRW 80,00,00 at the interior cost to operate a restaurant at the store of this case. The Defendant’s store of this case around the end of January 2019, where the monthly rent in arrears between the Plaintiffs and the Defendant deducted from the security deposit, and the security deposit remains.

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