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(영문) 부산지방법원동부지원 2019.09.25 2018가단13747
건물명도(인도)등
Text

1. The defendant is against the plaintiffs:

(a) deliver the real estate listed in the separate sheet;

(b) 5,527,210 won and November 11, 2018.

Reasons

1. Facts of recognition;

A. On December 31, 2015, the Plaintiffs are co-owners who completed the registration of ownership transfer with respect to 1/2 shares among the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. On April 28, 2016, the Plaintiffs leased the instant real estate deposit of KRW 10,00,000, KRW 1,050,000 per month, and the period from May 11, 2016 to May 10, 2017, to the Defendant.

(hereinafter “instant lease agreement”). On May 8, 2017, the Plaintiffs and the Defendant renewed the instant lease agreement for one year under the same condition, and thereafter, the instant lease agreement was implicitly renewed.

C. At the time of the instant lease agreement, the Plaintiffs and the Defendant agreed that the instant lease agreement may be terminated immediately when the payment of the rent was delayed by the Defendant to reach the amount of the rent for the second period.

As of November 10, 2018, the defendant's overdue rent is 11,050,000 won in total, and the unpaid management expenses (including overdue fees) are 1,477,210 won in total.

On the other hand, on July 9, 2018, the Plaintiff paid 3,000,000 won on behalf of the Defendant for unpaid management expenses.

E. The Plaintiffs expressed to the Defendant through the instant complaint that the instant lease contract was terminated on the grounds of the foregoing delinquency in rent, and the duplicate of the instant complaint reached the Defendant on December 26, 2018.

F. The Defendant, even at the time of the closing of the instant argument, occupies and uses the instant real estate.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 5, purport of whole pleading

2. Determination:

A. According to the above facts finding as to the cause of the claim, the instant lease contract was lawfully terminated on December 26, 2018 by delivering a copy of the complaint of this case, and thus, barring any special circumstance, the Defendant delivered the instant real estate to the Plaintiffs, and transferred the instant real estate, and KRW 15,527,210 in total, including overdue rent, etc. (i.e., KRW 11,050,000 in arrears) (i.e., KRW 11,477,210 in arrears management expenses paid for the unpaid management expenses of KRW 3,00,000 in large amount of KRW 1,47,210.

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