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(영문) 부산지방법원서부지원 2017.10.20 2017가단3015
건물명도등
Text

1. The Defendant shall deliver from the Plaintiff KRW 4,00,000 to the second floor of KRW 115.50 square meters among the buildings listed in the attached Table from April 16, 2017.

Reasons

1. Basic facts

A. A building indicated in the attached list (hereinafter “instant building”) was owned by C. The Plaintiff purchased it and completed the registration of ownership transfer in the name of the Plaintiff on April 28, 2017.

B. On August 15, 2005, C, the former owner of the instant building, leased deposit of 4 million won, monthly rent of 350,000 won, and lease period of 24 months from August 15, 2005 to the Defendant (hereinafter “instant lease contract”). On August 15, 2005, C, the former owner of the instant building, was impliedly renewed the contract. The Defendant, with four partitions, has divided them into four parts, and sub-divided each of them to the other company for the purpose of office.

C. After the Plaintiff purchased the instant building, on May 26, 2017, the Plaintiff filed the instant lawsuit against the Defendant, and expressed his/her intent to terminate the instant lease agreement upon the end of August 15, 2017 when the period following implied renewal expires.

Since April 16, 2017, the defendant did not pay the monthly rent equivalent to the portion to the plaintiff.

【Ground for recognition】 The fact that there has been no dispute, entry of Gap 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff filed a claim against the Defendant on the ground of the termination of the instant lease agreement, and filed a claim with the Defendant for the return of unjust enrichment amounting to KRW 350,000,000 per month from April 16, 2017 to the completion date of the said delivery, where delivery of the second floor 115.50 square meters of the instant building, among the instant building subject to the contract, and monthly rent was in arrears.

B. As to the Defendant’s assertion, the Defendant raised a simultaneous performance defense to the effect that the Plaintiff cannot comply with the Plaintiff’s request for extradition until the deposit is refunded from the Plaintiff.

C. According to the above facts of recognition, the instant lease agreement was lawfully terminated and terminated around June 2, 2017, on which the copy of the complaint of this case containing an expression of termination following the Plaintiff’s refusal to renew the contract, and thus, the Defendant, barring any special circumstances.

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