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(영문) 부산지방법원 2019.11.12 2019가단9701
건물명도등
Text

1. The defendant is against the plaintiffs:

(a) deliver all the first floor of the real estate listed in the separate sheet;

(b) KRW 3,000,000; and

Reasons

1. Facts of recognition;

A. On January 20, 2016, the Plaintiffs were ordered to the Defendant on January 20, 201.

The first floor of the real estate stated in the subsection (hereinafter “instant real estate”) was leased at KRW 50,00,000, monthly rent of KRW 4,000,000 (including value-added tax) and the contract period from January 20, 2016 to 36 months. On January 20, 2019, the lease deposit was leased at KRW 40,000,000, the contract period of the lease deposit, and the lease was again leased at KRW 36 months from January 20, 2019.

(hereinafter “instant lease agreement”). B.

The Defendant was in a state of KRW 3,000,000 in unpaid rent, etc. as of 2018, and did not pay a rent after the conclusion of the instant lease agreement.

On May 22, 2019, the Plaintiffs sent to the Defendant a certificate of the content that the instant lease contract is terminated on the grounds of the delinquency of rent for at least three years, and thereafter the said certificate reaches the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the facts of the determination as to the cause of the claim, the instant lease agreement was lawfully terminated upon the arrival of the content certification around May 22, 2019, stating the Plaintiffs’ intent to terminate the contract on the ground of the delinquency in rent.

I would like to say.

Therefore, barring any other special circumstances, the Defendant is obligated to deliver the instant real estate to the Plaintiffs, and pay the unpaid rent of KRW 3,000,000 and unjust enrichment equivalent to the rent of KRW 4,00,000 per month from January 20, 2019 to the completion date of delivery of the said real estate.

B. The judgment on the Defendant’s assertion requires 50 days to KIG constructed for operating business in the instant real estate, and during that period, the Plaintiffs did not deduct the difference between 30 days, and the Plaintiffs threatened the Defendant to implement compulsory execution on the grounds of the unpaid rent, and obstructed the Defendant’s business, and enforced and enjoy compulsory execution by the Plaintiffs.

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