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(영문) 부산지방법원동부지원 2017.10.17 2017가단7578
건물인도
Text

1. The defendant shall be the plaintiff.

(a) Of the first floor of the real estate listed in attached Form 1, the number of floors indicated in attached Form 2(a), (b), (c), and (d) respectively.

Reasons

Comprehensively taking account of the overall purport of the pleadings as to Gap evidence Nos. 1 through 4, the following facts: (a) on October 28, 2015, the plaintiff attached Form Nos. 2 (A), (b), (c), and (d) attached Table Nos. 1 owned by the plaintiff to the defendant on the first floor of the building owned by the plaintiff; and (b) on July 3, 2017, a deposit amount of KRW 5,000,000, monthly rent of KRW 80,000, and the period from November 8, 2015 to November 7, 2017; (b) the defendant delayed the payment of the rent from February 8, 2017; and (c) the copy of the complaint in this case stating the purport that the plaintiff terminated the lease contract on the ground of the defendant's delay was clearly recorded on July 3, 2017, the lease contract was terminated on July 3, 2017.

Therefore, the Defendant is obligated to deliver the number of stores to the Plaintiff and return the unjust enrichment equivalent to KRW 5,600,000 calculated by deducting KRW 5,000,000 from the sum of the rent or the unjust enrichment equivalent to the rent from February 8, 2017 to September 7, 2017 (i.e., KRW 80,000 per month x seven months) and the remainder of KRW 600,000, and the amount of rent calculated by deducting KRW 80,000 from the lease deposit from September 8, 2017 to the delivery date of store 3.

Therefore, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.

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