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(영문) 부산지방법원서부지원 2019.11.13 2018가단12481
건물인도 등
Text

1. The defendant shall be the plaintiff.

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

B. From July 1, 2019, the above real estate.

Reasons

1. The facts falling under any of the following subparagraphs may be found either in dispute between the parties or in full view of the respective entries and arguments in Gap evidence 1 to 3:

On March 12, 2018, the Plaintiff: (a) leased the instant real estate to the Defendant located in Gangseo-gu Busan (hereinafter “instant real estate”); (b) agreed that KRW 10,000,000 for the lease deposit from March 31, 2018 to March 30, 2020; and (c) KRW 2,310,000 for the rent month (including post-payment, value-added tax); and (d) if the Defendant additionally pays KRW 10,000,000 after paying the deposit to the Defendant, the Plaintiff agreed that KRW 2,00,000 per month is the tea (hereinafter “instant lease agreement”).

B. At the time of the conclusion of the above contract, the Defendant paid KRW 10,000,000 to the Plaintiff, and received delivery of the instant real estate, and has occupied and used the instant real estate until now.

C. After the conclusion of the instant lease agreement, the Defendant delayed to pay the monthly rent of three months from August 2018, and the Plaintiff notified the Defendant that the instant lease agreement was terminated on November 5, 2018.

2. Determination on the cause of the claim

A. According to the above facts finding as to the request for extradition, it is reasonable to view that the instant lease contract was lawfully terminated according to the Plaintiff’s notice of termination on the ground of the Defendant’s delinquency in rent. Therefore, the Defendant is obliged to deliver the instant real estate to the Plaintiff.

B. As to the claim for return of unjust enrichment equivalent to the rent for determining the claim for return of unjust enrichment, the Plaintiff filed a lawsuit in this case with the Defendant for return of unjust enrichment from August 1, 2018 to May 31, 2019 (=2,100,000 won x 10 months x 10 months) and sought a return of unjust enrichment from June 1, 2019, while the Plaintiff sought a return of unjust enrichment from June 1, 2019, taking full account of the respective entries and arguments in subparagraphs B through 10, the Defendant, from August 1, 2018 to June 30, 2019.

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