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(영문) 부산지방법원동부지원 2015.03.19 2014가합3237
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

B. 23,904,940 Won and its corresponding, October 2014

Reasons

1. Facts of recognition;

A. On November 16, 2012, the Leesung Industrial Co., Ltd. (hereinafter “Dasung Industrial”) concluded a lease agreement with the Defendant to lease a building listed in the separate sheet (hereinafter “instant real estate”) at KRW 40,000,000, monthly rent of KRW 9,000,000, and interest on overdue rent of KRW 20% per annum (hereinafter “instant lease agreement”).

B. On March 21, 2014, the Plaintiff succeeded to the instant lease agreement with the purchase of the instant building, including the instant real estate, from the Esung Industry.

C. Although the Defendant paid the rent, etc. to the Plaintiff upon the Plaintiff’s succession to the instant lease agreement, the Defendant did not pay the rent, etc. to the Plaintiff on August 2014 and September 2014, the sum of KRW 23,904,940 (i.e., rent of KRW 10,098,000 on August 8, 2014) (i.e., rent of KRW 2,013,180 on August 2014, 2014, KRW 10,098,000 on September 1, 2014, KRW 201,695,760 on the management fee, etc. of KRW 1,695,760 on September 20.

On October 10, 2014, the Plaintiff sent to the Defendant a notice of termination of the lease agreement on the ground that the payment of rent, management fee, etc. was delayed for more than two months. Around that time, the said notice reached the Defendant.

E. The defendant occupies and uses the real estate of this case until now.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including each number), the purport of the whole pleadings

2. According to the facts of the judgment on the request for extradition, the instant lease agreement was lawfully terminated by the Plaintiff’s declaration of termination on the grounds of the Defendant’s failure to pay rent. Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff.

3. According to the above facts of recognition as to the claim for unpaid rent, etc., the Defendant shall pay the Plaintiff the unpaid rent and management fee from August 2014 to September 2014.

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