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(영문) 부산지방법원 2016.09.06 2016가단24778

건물명도 등

Text

1. The defendant shall be the plaintiff.

(a) order the real estate listed in the separate sheet;

(b) KRW 12,650,000 and as regards this,

Reasons

1. Basic facts

A. On January 1, 2012, the Defendant entered into a lease agreement with the Plaintiff on January 1, 2012 (hereinafter “instant real estate”).

(2) The lower court determined that: (a) the Plaintiff may terminate the said lease agreement if the Defendant did not pay for more than three terms; (b) KRW 20 million; (c) KRW 2530,000 per month; (d) the period from January 1, 2012 to December 31, 2013; and (e) the period from January 1, 2012 to December 31, 2013.

(Article 5). (b)

After the delay in rent, the above lease contract is implicitly renewed, and the sum of the rent that the Defendant did not pay to the Plaintiff as of February 20, 2016 reaches KRW 12.65 million (=2.530,000 x 5 months).

C. On February 23, 2016, the Plaintiff sent to the Defendant a content-certified mail stating the Defendant’s declaration of the termination of the said lease agreement on the grounds of overdue rent for at least three (3) years, and the said content-certified mail reached the Defendant around that time.

[Ground of recognition] Facts without dispute, Gap 1 through 6, the purport of the whole pleadings

2. According to the above findings of determination, the above lease contract was lawfully terminated since the mail proving the Plaintiff’s declaration of intent to terminate the above lease contract on the grounds of delinquency in rent for at least three months by the Defendant’s failure to pay the Plaintiff a total of KRW 1,265,00,000,000,000 to the Defendant. Thus, the Defendant is obligated to issue an order to the Plaintiff for the real estate of this case and pay damages for delay at the rate of KRW 2,530,000 per annum from May 12, 2016 to the date of full payment, which is the day following the day when the copy of the complaint of this case was served on the Defendant. From February 21, 2016 to February 21, 2016, the following day after the date when the above delay is calculated, to pay the amount equivalent to the rate of KRW 2,530,000 per month with the monthly rent or unjust enrichment equivalent to the monthly rent.

3. Conclusion.