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(영문) 부산지방법원 2015.08.18 2015가단2849

건물명도등

Text

1. The defendant is against the plaintiff (appointed party) and the appointed party C:

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

(b) each;

Reasons

1. Facts of recognition;

A. On February 2, 2012, D entered into a lease agreement with the Defendant (hereinafter “instant lease agreement”) with regard to the real estate listed in the separate sheet owned by D (hereinafter “instant apartment”) with the term of KRW 500,000, monthly rent of KRW 600,000, and the term of lease from February 6, 2012 to April 5, 2012 (hereinafter “instant lease agreement”).

B. On July 2, 2012, D sold the instant apartment to the Plaintiff (Appointed Party; hereinafter “Plaintiff”) and the Selected C (hereinafter “Plaintiff, etc.”) and completed the registration of ownership transfer on July 19, 2012.

C. The Defendant did not pay KRW 2,130,00 among the monthly rent from October 6, 2012 to September 5, 2013 to the Plaintiff, etc., and paid KRW 7.6 million in total as the monthly rent from September 8, 2013 to October 24, 2014.

Plaintiff

On March 16, 2015, a copy of the complaint in this case, representing the intention to terminate the above lease contract on the grounds of the delinquency in payment of two or more times, was served on the defendant.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. Determination

A. According to the above facts, the instant lease agreement is deemed to have been lawfully terminated due to the Defendant’s failure to pay two or more rents on March 16, 2015. Thus, the Defendant is obligated to pay the Plaintiff, etc. the amount of unjust enrichment equivalent to KRW 200,000 per month from August 1, 2014 to August 2, 2014, calculated at the rate of KRW 300,000 per month (the sum of KRW 400,000) for each of the remaining amounts after deducting the lease deposit from the overdue rent based on August 1, 2014.

3. According to the conclusion, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.