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(영문) 부산지방법원 2019.02.14 2018가단327624
건물명도(인도)
Text

1. From 30,00,000 won to 30,000 won, the Defendant shall draw up a separate sheet from May 1, 2018 to 2nd floor of the building indicated in the separate sheet.

Reasons

1. Basic facts

A. On April 5, 2018, the Plaintiffs: (a) leased a lease deposit of KRW 30,000,000, KRW 2,800,000 (Additional Tax separately); (b) monthly management expenses; (c) monthly management expenses of KRW 150,00 (Additional Tax separately); and (d) from April 6, 2018 through April 5, 2020.

(hereinafter “instant lease agreement”). B.

The Plaintiffs delivered the leased portion of this case to the Defendant around that time.

C. Since May 1, 2018, the Defendant did not pay the rent and management fee stipulated in the instant lease agreement, and the Plaintiff C, around September 4, 2018, did not pay the Defendant the unpaid rent until September 10, 2018, the instant lease agreement is terminated as of September 10, 2018.

“The” sent content-certified mail, and on September 19, 2018, the Plaintiffs submitted to this court the instant complaint containing the declaration of intent to terminate the instant lease agreement on the grounds of the Defendant’s delinquency in rent for at least three years. On September 28, 2018, the duplicate of the complaint reached the Defendant on September 28, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the lease contract of this case was lawfully terminated on September 28, 2018 by delivering a copy of the complaint of this case stating the plaintiffs' declaration of termination on the grounds of delinquency in rent for at least three years, and barring any special circumstance, the defendant receives from the plaintiffs the rent of 30,000,000 won from May 1, 2018 to the delivery date of the leased portion of this case from May 3, 2018 to the delivery date of the leased portion of this case. Thus, the defendant receives from the plaintiffs the rent of 3,245,000 won (including additional rent of 3,080,000 won (including additional rent of 3,080,000 won) calculated at the rate of KRW 165,00 (including additional rent) management expenses, management expenses, and the amount of unjust enrichment.

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