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(영문) 부산지방법원 2016.11.15 2016가단34713
건물명도 등
Text

1. The defendant shall be the plaintiff.

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

(b) As from June 1, 2016, KRW 5,100,00 and above.

Reasons

1. Facts of recognition;

A. On June 27, 2015, the Plaintiff entered into a lease agreement with the Defendant on the lease deposit amounting to KRW 10 million, monthly rent amounting to KRW 850,000, and the lease period from June 28, 2015 to June 27, 2017 (hereinafter “instant lease agreement”), and delivered the said real estate.

B. From December 2015, the Defendant was in arrears with the payment of monthly rent from around December to May 27, 2016, and the amount is KRW 5,100,000,000 that is currently unpaid as of May 27, 2016.

C. On July 19, 2016, a copy of the instant complaint was served on the Defendant to the effect that the Plaintiff terminated the instant lease agreement on the grounds of the delinquency in rent.

[Ground of recognition] Each entry of Gap evidence Nos. 1, 5, and 6 (including paper numbers), and the purport of the whole pleading

2. According to the above facts of determination, the instant lease agreement was lawfully terminated by the Plaintiff’s notice of termination due to the Defendant’s delinquency in payment of rent, and thus, the Defendant is obligated to deliver the instant real estate to the Plaintiff as restitution, and to pay the Plaintiff the amount of rent or unjust enrichment equivalent to the rate of KRW 850,000 per month from June 1, 2016 to the date the delivery of the said real estate is completed, as sought by the Plaintiff.

3. Conclusion, the plaintiff's claim of this case is justified.

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