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(영문) 부산지방법원동부지원 2016.06.15 2016가단1870
건물명도등
Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. In light of the purport of the entire argument in Gap evidence No. 1 as to the plaintiff's claim, it is recognized that on March 10, 2006, the plaintiff leased the building listed in the attached list owned by the plaintiff (hereinafter the building in this case) to the defendant as KRW 1,00,000,000, monthly rent of KRW 1,90,000 (reduction of KRW 1,50,000,00), and on the other hand, as to the plaintiff's assertion that the defendant was in arrears for at least two months from April 2014, the defendant shall be deemed to have led to confession pursuant to Article 150 (1) of the Civil Procedure Act.

According to the above facts of recognition, the plaintiff can terminate the lease contract concluded with the defendant pursuant to Article 640 of the Civil Code, and since it is apparent in the record that the plaintiff's complaint containing his/her intention of termination was served to the defendant on March 25, 2016, the lease contract between the plaintiff and the defendant was lawfully terminated.

Therefore, the defendant is obligated to deliver the building of this case to the plaintiff.

2. The plaintiff's claim of this case is accepted on the ground of the reasons.

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