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(영문) 부산지방법원 2019.10.10 2017나48604

건물

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1.The judgment of the first instance, including any claims expanded and reduced in this Court and any claims added thereto, shall be as follows:

Reasons

1. Basic facts

A. On November 9, 2014, the Plaintiff concluded a lease agreement between the Defendant and the second and third floors of the building located in the Geum-gu Busan (hereinafter “instant building”) located in the Geum-gu, Busan (hereinafter “instant building”) with the lease deposit for KRW 10 million, the lease deposit for KRW 10 million per month (payment on January 10, 201), and the lease period from November 10, 2014 to November 10, 2016.

(hereinafter “instant lease agreement”). At the time of the conclusion of the instant lease agreement, the Defendant paid to the Plaintiff KRW 12 million at the cost of household and house, and the Defendant is responsible for water charges and other public charges, and the Defendant agreed to restore the facility to its original state upon termination of the lease agreement.

B. On January 13, 2015, the Defendant: (a) KRW 1,00,000,000,000 each twice, for the Plaintiff’s fee; and (b) the same year.

2. 14.1 million won, and the same year.

2. 13.1 million won was remitted and paid.

C. The Defendant did not pay the water rate of KRW 382,790 in total to the waterworks business headquarters of Busan Metropolitan City during the above lease period, and as the said waterworks business headquarters discontinued the water supply, the Plaintiff paid the water rate of KRW 7,000 on February 21, 2017, and paid the said water rate of KRW 432,690 in total, and the re-supply cost of KRW 42,90 in total.

The Plaintiff declared to the Defendant that the instant lease contract will be terminated on the ground that the service of the duplicate of the instant complaint was not paid for more than two years, and the duplicate of the complaint was served to the Defendant on August 31, 2016.

E. On June 21, 2017, the Defendant delivered the instant leased portion to the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 through 6 (including branch numbers, hereinafter the same shall apply) and the purport of whole pleadings

2. Determination

A. According to the above findings of the determination as to the grounds for the first claim regarding the overdue rent, the claim for return of unjust enrichment equivalent to the overdue rent, the water rate, etc., the instant lease contract is overdue for more than two years, except in extenuating circumstances.