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(영문) 부산지방법원 2017.06.07 2016가단342773

건물명도

Text

1. Defendant C and D shall deliver to each Plaintiff the real estate indicated in the attached Form.

2. The Plaintiff:

A. Defendant B shall be 1,400.

Reasons

Basic Facts

On September 1, 1999, the Plaintiff’s attached building E (hereinafter “the deceased”) entered into a lease agreement with the deceased on the deceased’s birth, as well as on the real estate indicated in the attached Form (hereinafter “instant building”). The deceased F leased the instant building and its neighboring building at around that time and operated “G”.

On October 21, 2002, the Deceased entered into a lease agreement with Defendant B, who is the wife of the net F, with regard to the building of this case, with a deposit of KRW 10 million, monthly rent of KRW 140 million, and the lease period of the building of this case for 60 months. The Defendant B operated the above “G”.

On December 31, 2002, the Plaintiff completed the registration of ownership transfer on the ground of inheritance due to the agreement division as of December 20, 2002.

On October 2007, the Plaintiff, at Defendant B’s request, reduced the rent of the instant building from KRW 1.4 million per month to KRW 1.3 million per month.

[Grounds for recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3-1, and the plaintiff's overall purport of the pleading is the plaintiff's appeal, and the plaintiff's appeal is the next month. Thus, the plaintiff requested the defendants to pay the overdue rent and deliver the building of this case over several times. Thus, the lease contract between the plaintiff and the defendant was terminated, and even if not, the above lease contract is terminated by the delivery of a duplicate of the complaint of this case.

Defendant B unilaterally paid KRW 1.2 million per month to the Plaintiff, 1.3 million per month, although not agreed upon, from March 7, 2014, Defendant C unilaterally paid KRW 1.2 million per month in Defendant C’s name, from June 16, 2015, only KRW 1 million per month, and even during the above period, it is reasonable that part of the payment was not made.

If Defendant B deducts KRW 2.8 million from January 25, 2017, which was remitted by Defendant B to the Plaintiff on January 25, 2017 during the instant lawsuit, the overdue rent of Defendant B is KRW 31.6 million.

The plaintiff is in arrears.