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(영문) 부산지방법원동부지원 2017.06.14 2017가단898

건물명도(인도)등

Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the annex;

B. From May 21, 2015, the above A

subsection (b).

Reasons

1. Facts of recognition;

A. On September 13, 2014, the Plaintiff entered into a lease agreement with the Defendant, and the Plaintiff’s owner for real estate indicated in the attached Form, with a deposit of KRW 5 million, KRW 550,000 per month, and the period from September 21, 2014 to September 20, 2015, and the said lease agreement was renewed.

B. On September 21, 2014, the Plaintiff was notified the Defendant of the termination of the instant lease agreement, around January 11, 2017, when the Defendant paid the lease deposit to the Plaintiff and occupied the instant real estate by delivery from the Plaintiff.

C. The rent that the Defendant paid to the Plaintiff by the closing date of the instant argument constitutes the rent of KRW 4.4 million up to May 20, 2015.

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

2. According to the facts of the above recognition, the instant lease contract was terminated, so the Defendant is obligated to deliver the instant real estate to the Plaintiff, and to pay the remainder of rent or unjust enrichment after deducting five million won from the money calculated by the Defendant’s ratio of KRW 550,000 per month from May 21, 2015 to the date of delivery of the instant real estate.

3. The plaintiff's claim for conclusion is partially accepted within the scope of the above recognition.