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(영문) 부산지방법원 2021.03.25 2020가단337778
건물인도
Text

1. The defendant shall be the plaintiff.

(a) deliver, at the same time with payment of KRW 191,040, real estate listed in the separate sheet; (b)

Reasons

1. Facts of recognition;

A. On March 8, 2019, the Plaintiff, while leasing real estate indicated in the order to the Defendant, agreed to the lease deposit of KRW 10,000,000, monthly rent of KRW 700,000, and the lease period of KRW 700,000, from March 9, 2019 to March 8, 2020.

B. On September 27, 2019 and May 7, 2020, the Plaintiff urged the Defendant to pay the rent for not less than three months in arrears with the proof of the content, and notified the Defendant of the termination of the lease, and notified the instant complaint of the termination for the same reason.

(c)

The amount of overdue rent from March 8, 2021 to March 8, 202 is KRW 9,100,00.

(d)

On February 22, 2021, management expenses in arrears are KRW 708,960.

[Grounds for recognition] Gap 2 to 5 (including branch numbers), the purport of the whole pleadings

2. According to the facts of the judgment on the Plaintiff’s assertion, the lease contract of this case was terminated according to the Plaintiff’s notice of termination on the ground that the lease contract of this case is not less than three term arrears.

In accordance with the Plaintiff’s claim, the Defendant is obligated to deliver the real estate indicated in the disposition simultaneously with receiving the payment of KRW 191,040 (10,000,000, - the overdue rent of KRW 9,100,000 until March 8, 2021 - annual management fee of KRW 708,960) from the Plaintiff, and to pay the unjust gains equivalent to KRW 700,000 per month from March 9, 2021 to the completion of the delivery.

3. The plaintiff's claim for conclusion is justified and accepted.

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