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(영문) 부산지방법원 2019.01.10 2018가단323707
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) Of the three floors of the real estate listed in the separate sheet, each point is indicated in the separate sheet No. 1, 2, 7, 8, and 1.

Reasons

1. Basic facts

A. The Defendant leased from the Plaintiff the part of the building indicated in the order (hereinafter “instant leased building”) as follows.

(hereinafter referred to as “instant lease contract.” The term of lease of the management fee for rent for rent for contract date is 80,000 won per month (including value-added tax) 20,000 won per February 11, 2014,000 won until March 9, 2016, KRW 990,000 per month (including value-added tax until August 9, 2017) KRW 1.1 million per month (including value-added tax) 50,000 won per month until August 9, 2018.

B. By August 9, 2018, the Defendant delayed payment of KRW 18,560,000 in total of rent (including value-added tax) and management expenses as follows:

Until July 9, 2016, up to July 9, 2017, the sum of KRW 3,520,000,000 for KRW 990,000 for management expenses of KRW 2,200,000 for management expenses of KRW 50,000 for KRW 600,000 for KRW 3,720,000 for KRW 13,720,000 for KRW 13,80,000 for KRW 18,560,000 for KRW 13,80,000 for KRW 18,560,00 for KRW 20 for management expenses of KRW 50,00 for administrative expenses of KRW 50,00 for

C. The Plaintiff notified the Defendant that he would terminate the instant lease agreement on the grounds of the delinquency in rent, and again expressed his intention to terminate the instant lease agreement by serving a duplicate of the complaint.

[Grounds for recognition] Gap 1-3 Evidence, the purport of the whole argument

2. Determination

A. 1) The instant lease contract was terminated or terminated upon the Plaintiff’s declaration of termination due to the Defendant’s declaration of termination on the grounds of delinquency in rent, etc., and thus, the Defendant is obligated to deliver the instant leased building to the Plaintiff. (2) On the other hand, KRW 20,860,00 (the sum of overdue rent and management expenses up to August 9, 2018 plus KRW 18,560,000 in arrears plus KRW 18,560,000 in aggregate of overdue rent and management expenses up to August 9, 2018, and KRW 2,300,000 in rent and management expenses or unjust enrichment equivalent to or damages equivalent to the rental fee and management expenses up to October 9 of the same year from August 10, 208 to KRW 2,30,000 (monthly 1,150,000 x 2 months x 10,000 in building) as the remainder is deducted from the lease deposit and thus, the Defendant is extinguished from the remainder of KRW 1000,000.

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