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(영문) 부산지방법원서부지원 2019.08.30 2018가단116888
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

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

(b) KRW 7,650,770 and as regards this, it shall be dated 2019.

Reasons

Comprehensively taking account of the purport of evidence evidence Nos. 1 through 7, the Plaintiff entered into a lease agreement with the Defendant on October 2017, stating that, around 36,747,00 won, monthly rent 48,020 won, and the lease period from October 1, 2017 to September 30, 2019, the Plaintiff did not pay the overdue charge pursuant to the minimum interest rate on general financing loans at a financial institution if the monthly rent is not paid, and the lessee may terminate the lease agreement if the monthly rent is delayed for at least three consecutive months (hereinafter referred to as “instant lease agreement”); the Defendant did not pay the rent for at least 12 months from December 2017 to November 30, 2018; the Defendant expressed his/her intention to pay the overdue charge to the Plaintiff from October 1, 2017 to September 30, 2018; and the Defendant expressed his/her intention to pay the overdue charge to the Plaintiff.

According to the above facts, since the lease contract of this case was terminated by the plaintiff's declaration of termination due to the defendant's declaration of termination due to the defendant's default, the defendant shall deliver real estate stated in the attached list to the plaintiff. The defendant shall pay to the plaintiff the sum of the rent and late payment charges due from February 1, 2018 to May 31, 2019, as well as the amount equivalent to 7,650,770 won due from June 1, 2019 to June 12, 2019, the date of delivery of the copy of the application for change of claim and the cause of claim, as stipulated in the Civil Act, and 5% per annum from June 17, 2019 to June 17, 2019; damages for delay calculated at the rate of 12% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of complete payment; and the amount of unjust enrichment calculated at the rate of 48,020 won per month.

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