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(영문) 부산지방법원 2019.04.25 2018가단326072
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B: (i) deliver the real estate listed in the separate sheet, (ii) deliver 8,850,000 won and from August 19, 2018.

Reasons

1. Facts of recognition;

A. On August 19, 2014, the Plaintiff entered into a lease agreement with Defendant B to lease the real estate listed in the separate sheet (hereinafter “instant real estate”) to Defendant B with a deposit of KRW 10,00,000, monthly rent of KRW 500,000, and the lease term of KRW 19,000 from August 19, 2014 to August 18, 2015 (hereinafter “instant lease agreement”). Around that time, the Plaintiff handed over the instant real estate to Defendant B.

B. However, without the Plaintiff’s consent, Defendant B subleted the instant real estate to Defendant C without obtaining the Plaintiff’s consent, and currently Defendant C occupies and operates the instant real estate.

C. Since August 2015, Defendant B was in arrears with monthly rent. Around January 25, 2016, the Plaintiff sent to Defendant B a content-certified mail to the effect that the instant lease contract was terminated on the grounds of the delinquency in rent for at least two months, and around that time, the content-certified mail was served on Defendant B.

The monthly rent in arrears by Defendant B until August 18, 2018 is 8,850,000 won in total.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings

2. According to the above facts, the instant lease agreement was lawfully terminated by the service of content-certified mail on the ground of the failure to pay two or more rents.

As such, Defendant B is obligated to deliver the instant real estate to the Plaintiff, and to return unjust enrichment equivalent to the rent calculated at the rate of KRW 50,000 per month from August 19, 2018 to August 19, 2018, and Defendant C is obligated to withdraw from the instant real estate.

3. In conclusion, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition.

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