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(영문) 부산지방법원 2017.11.16 2017나47298

건물명도

Text

1. The defendant's appeal is dismissed.

2. Upon receiving a claim added at the trial court, the Defendant shall pay to the Plaintiff KRW 187,120 and on January 2017.

Reasons

1. Facts of recognition;

A. On December 31, 2009, the Plaintiff leased from C each land located in Busan Shipping Daegu D and E, and buildings and assembly-type parking lots on each of the land located therein.

B. A list of the above land, buildings, and parking lots on January 1, 2013 by the Plaintiff

1. A list of the buildings stated and annexed hereto;

2. The instant sub-lease contract was terminated in the event that the Defendant fails to pay monthly rent for at least three months, and the instant sub-lease contract was explicitly renewed. The instant sub-lease contract was concluded to the effect that the instant sub-lease contract was terminated. The instant sub-lease contract was concluded to the effect that the instant sub-lease contract was terminated.

C. From January 1, 2013 to the date of the closing of argument in the instant case, the Defendant occupied and used the instant building and parking lots in the course of operating the automobile sales brokerage business under the trade name “F”. However, the Defendant did not pay monthly rent after May 1, 2016.

Accordingly, the Plaintiff expressed his/her intent to terminate the instant sub-lease contract on the grounds of the delinquency of monthly rent for at least three months upon the delivery of the duplicate of the instant complaint, and on October 24, 2016, the said declaration of intention of termination reached the Defendant.

Meanwhile, from May 1, 2016 to August 31, 2017, the sum of the rent, unjust enrichment equivalent to the rent, and management fee that the Defendant failed to pay from May 1, 2016 to August 31, 2017 is KRW 44,187,120.

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

2. Determination

A. According to the above facts, the instant sub-lease contract was lawfully terminated on October 24, 2016. Thus, the Defendant is obligated to deliver the instant building and parking lot to the Plaintiff due to its restitution. 2) Accordingly, the Defendant is obligated to deliver the instant building and parking lot from the Plaintiff.