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(영문) 부산지방법원동부지원 2016.09.20 2016가단208381

건물명도

Text

1. The defendant

(a) deliver attached list real estate;

B. From July 8, 2016, the above real estate.

Reasons

1. According to the overall purport of the statement and pleading as to the cause of the claim, the Plaintiff entered into a lease agreement with the Defendant on October 3, 2015 that the real estate listed in the separate sheet (hereinafter “instant real estate”) shall be leased to the Defendant on October 6, 2016 (hereinafter “instant lease agreement”). Around that time, the Defendant occupied and used the instant real estate by delivery from the Plaintiff, and was unpaid to the monthly rent from the Plaintiff on May 6, 2016, and the Plaintiff’s complaint that the instant lease agreement was terminated on July 7, 2016 to the Defendant on the ground of the delinquency in payment of rent, and the Plaintiff is obligated to lawfully pay the Plaintiff the amount of unjust enrichment calculated on July 16, 2016.

In this regard, the Defendant did not conduct cleaning even though the Plaintiff was paid KRW 100,000 from the Defendant at the time of the instant lease agreement.

Although it is alleged to the effect that the Plaintiff did not repair a motor vehicle due to a breakdown, there is no evidence to acknowledge it, and even if it is recognized, it cannot be deemed that the termination of the instant lease contract on the ground of a delinquency in rent, and thus, the Defendant’s above assertion is without merit.

2. According to the conclusion, the plaintiff's claim of this case is accepted on the grounds of its reasoning, and it is so decided as per Disposition.