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(영문) 부산지방법원동부지원 2019.12.04 2019가단5156
건물명도(인도)등
Text

1. The defendant shall be the plaintiff.

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

B. From August 11, 2019, the above-mentioned A

subsection (b).

Reasons

1. Indication of claim;

A. On April 10, 2017, the Plaintiff entered into a lease agreement with the Defendant on the lease deposit amounting to KRW 3,000,000, monthly rent of KRW 450,000 (prepaid on April 10, 201), and from April 10, 2017 to April 9, 2018 (hereinafter “instant lease agreement”).

B. The Defendant occupied and used the instant real estate from around that time until that time.

C. From October 11, 2018, the Defendant did not pay the Plaintiff rent. Accordingly, on May 7, 2019, and May 13, 2019, the Plaintiff sent to the Defendant a content-certified mail to seek the termination of the instant lease agreement and the delivery of the instant real estate, respectively, on the grounds of the delinquency in paying two or more rents.

The instant lease agreement was lawfully terminated by the Plaintiff’s declaration of termination to the Defendant at that time.

E. Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and pay unjust enrichment equivalent to the rent calculated by the ratio of KRW 450,000 per month from August 11, 2019 to the completion date of delivery of the instant real estate from August 11, 2019, following the period when the Plaintiff was a person who was paid rent from the Defendant during the instant lawsuit pending after the termination of the instant lease agreement.

2. Judgment by public notice of applicable provisions of Acts (Article 208 (3) 3 of the Civil Procedure Act);

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