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(영문) 부산지방법원동부지원 2017.12.12 2017가단210657
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list No. 3.

2. The costs of lawsuit shall be borne by the defendant.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings in the evidence No. 1-1, No. 1-2, No. 2, No. 3, and No. 4, the Plaintiff leased, on March 2, 2016, the real estate specified in attached Table No. 3 (hereinafter “instant real estate”) to the Defendant on a deposit of KRW 8 million, KRW 500,000 per month, and the period from March 2, 2016 to March 1, 2018; and the Defendant paid only the rent by March 1, 2017 and delayed payment of the rent thereafter; on the ground that the lease contract was terminated by the Defendant’s delay, it is evident that the copy of the complaint of this case seeking the delivery of the instant real estate was delivered to the Defendant on July 17, 2017.

2. As the Defendant returned the instant real estate to the Plaintiff on October 31, 2017, the Defendant asserts that the instant lawsuit seeking the delivery of real estate did not have a benefit of lawsuit.

However, it is not sufficient to recognize that the Defendant returned the instant real estate only with the statement of No. 1, and even if so, it is difficult to view that there is no benefit of lawsuit on the ground of such fact.

Therefore, the defendant's argument is without merit.

3. According to the above facts, since the lease contract was terminated by the defendant's delay, the defendant is obligated to deliver the real estate of this case to the plaintiff.

Therefore, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.

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