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(영문) 부산지방법원 2017.11.22 2017가단11694

건물명도

Text

1. The defendant

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

B. From February 21, 2017, the above A

subsection (b).

Reasons

1. As to the real estate listed in the attached list owned by the Plaintiff on factual relations (hereinafter “instant real estate”), the Plaintiff and the Defendant concluded a lease agreement by setting the deposit amount of KRW 5,00,000, KRW 500,000 per month (prepaid on September 21, 2015), the lease term from September 21, 2015 to September 21, 2016, and the lease agreement was concluded by setting the lease agreement to be able to be terminated if the delayed amount of the rent reaches the rent of two (2) periods.

As the Defendant did not pay a rent, the said deposit amount of KRW 5,00,000 was fully deducted from December 21, 2015 to October 20, 2016. Since then, the Defendant paid only KRW 2,00,000 for four months, and the Defendant did not pay a rent from February 21, 2017.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to Eul evidence 3-2, the purport of the whole pleadings

2. According to the above findings of determination, the lease contract was terminated by the service of the copy of the complaint, on the ground that, as of June 16, 2017, two or more rents were in arrears as of the date on which the copy of the complaint in this case, indicating the intent to terminate the contract, was served on the Defendant.

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff and pay the amount calculated by applying the rate of KRW 500,000 per month to the unpaid rent and unjust enrichment equivalent to the rent from February 21, 2017 to the completion date of delivery of the said real estate.

3. The plaintiff's claim for conclusion is justified and acceptable.