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(영문) 부산지방법원 동부지원 2018.10.18 2018가단4644

건물명도(인도)등

Text

1. The defendant

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

(b) KRW 9,377,230 and as regards this, it shall be dated 2018.

Reasons

1. Basic facts

A. On October 30, 2017, the Plaintiff entered into a real estate lease agreement (hereinafter “instant lease agreement”) with the Defendant with the terms that the real estate listed in the attached list owned by the Plaintiff (hereinafter “instant real estate”) is leased KRW 10,000,000, monthly rent of KRW 1,130,000 (payment in advance on November 18, 201), and the term of lease from November 18, 2017 to November 17, 2018, and thereafter, delivered the instant real estate to the Defendant.

B. Around that time, the Defendant occupied the instant real estate as a residence from the time of the closing of argument to the day of the closing of argument.

C. The Plaintiff notified the Defendant that the instant lease agreement will be terminated by serving a copy of the instant complaint on the grounds that the Defendant’s delayed delay amount reaches three-year rents. The duplicate of the complaint was served on June 14, 2018 on the Defendant.

From February 18, 2018 to the date of the closing of argument in this case, the Defendant continued not to pay the amount of unjust enrichment equivalent to the rent or rent, and the sum of the management expenses in arrears by the Defendant until July 2018 shall be 1,467,230 won.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. As of May 2, 2018, the fact that the Defendant had already failed to pay two or more rents as of May 2, 2018, for which the Plaintiff submitted a complaint of this case on the ground that there is no dispute between the parties, and that the delay amount falls short of two or more rents, and that the duplicate of the complaint of this case, on the ground that the termination of the lease contract of this case was served on the Defendant on June 14, 2018, is as seen earlier, and thus, the lease of this case was lawfully terminated. Thus, barring any special circumstance, the Defendant transferred the real estate of this case to the Plaintiff and was in arrears until the date of delivery of the real estate of this case, management fees in arrears, and rents.