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(영문) 울산지방법원 2020.08.18 2019가단14102

건물명도 등

Text

1. The defendant shall be the plaintiff.

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

(b) As from December 1, 2019, 1,630,000 and as above.

Reasons

1. Facts of recognition;

A. On September 1, 2017, the Plaintiff concluded a lease agreement with the Defendant for a deposit of KRW 5 million, monthly rent of KRW 310,000 (advance payment), and a lease agreement between October 1, 2017 and September 30, 2019 (hereinafter “instant lease agreement”).

B. From October 1, 2017 to November 30, 2019, the Defendant paid only KRW 1430,000 ( KRW 310,00,000 on December 31, 2017, KRW 310,000 on December 222, 2017, KRW 300,00 on May 31, 2018, KRW 310,00 on July 9, 2018, KRW 630,00 on September 2, 2019).

C. The Plaintiff expressed to the Defendant the intent to terminate the instant lease agreement on the grounds that the Plaintiff failed to pay rent more than twice through the delivery of the instant complaint.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, since the instant lease agreement was explicitly renewed and delivered to the Defendant on or around February 20, 2020 by the complaint of this case, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and to pay the amount calculated by the ratio of KRW 310,000 per month from December 1, 2017 to the date the delivery of the instant real estate is completed, with the return of the unpaid rent and the unjust enrichment on the rent of KRW 1630,00 (5,000,000,000) and KRW 1630,000,000 (5,000,000,000).

3. The defendant's assertion is alleged to the purport that the plaintiff's spouse could not respond to the plaintiff's claim since he interfered with the defendant's residence by impairing the defendant's residence, threatening the defendant, etc., and failed to use and make profits from the real estate for the purpose of this case. However, the defendant's argument cannot be accepted as there

4. Accordingly, the plaintiff's claim of this case is accepted as reasonable.