(영문) 부산지방법원 동부지원 2018.02.07 2017가단11287

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(영문) 부산지방법원 동부지원 2018.02.07 2017가단11287

건물인도 등

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1. The defendant

(a) Of the real estate listed in the separate sheet, the indication of the separate sheet No. 1, 2, 3, 4, 5, 6, 7, 8, and 1.

Reasons

1. Facts of recognition;

A. At the end of June 2014, the Defendant entered into a lease agreement with the owner of the real estate listed in the separate sheet as at the end of the end of the pertinent year with respect to the lease deposit amount of KRW 2,00,000, monthly rent of KRW 200,000, and the lease term of KRW 24 months from July 1, 2014 to the Defendant’s lease agreement (hereinafter “instant lease agreement”).

B. On June 21, 2016, the Plaintiff purchased real estate listed in the separate sheet from the pre-owner of the real estate listed in the separate sheet, and succeeded to the instant lease agreement after completing the registration of ownership transfer on June 30, 2016. At that time, the Plaintiff and the Defendant agreed to extend the lease term stipulated in the instant lease agreement by two years.

C. However, as of December 1, 2016, the Defendant did not pay KRW 2,00,000, the sum of the rent for the ten-month period until November 30, 2016, and the monthly rent from December 1, 2016 is entirely not paid.

Accordingly, the Plaintiff expressed his/her intent to terminate the instant lease agreement on the grounds of the Defendant’s delinquency in paying two or more rents, upon the service of the duplicate of the instant complaint, and the duplicate of the instant complaint reached the Defendant on October 13, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, since the instant lease contract was lawfully terminated by the Plaintiff’s declaration of termination due to overdue delay, the Defendant is obligated to deliver the instant building to the Plaintiff and pay the Plaintiff the rent or unjust enrichment equivalent to the rent, calculated by the rate of KRW 200,000 per month from December 1, 2016 to the date the delivery of the instant building is completed.

3. Thus, the plaintiff's claim of this case.

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