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(영문) 부산지방법원 2018.02.22 2017가단25891
건물명도 등
Text

1. The Plaintiff:

A. Defendant B shall deliver 44 square 1,000 won and 5,000 won, among the buildings listed in the attached list.

Reasons

1. Facts of recognition;

A. (1) On February 25, 2012, the Plaintiff leased 2,00,000 won, monthly rent of KRW 2,50,000,000, monthly rent of KRW 2,500,000, and one year for lease term of KRW 2,000,000 from among the buildings listed in the attached Table to Defendant B (hereinafter “instant lease agreement”), and Defendant B, together with Defendant C and D, occupied and used the instant building portion.

d. Defendant B did not pay the monthly rent from January 2016 to the Plaintiff. The Plaintiff served the copy of the instant complaint on the grounds that Defendant B was in arrears with more than two months. The Plaintiff expressed his/her intention to terminate the said lease to Defendant B.

[Ground of recognition] With respect to Defendant B: A without dispute, each entry of evidence Nos. 1 and 2, the purport of the whole pleadings, Defendant C, and D: Judgment by deeming confession (Article 150(3) and (1) of the Civil Procedure Act)

B. According to the above facts, since the instant lease agreement was lawfully terminated, it is obligated to restore it to its original state. Defendant B is obligated to deliver the instant building portion to the Plaintiff, and Defendant C and Defendant D are obligated to pay the overdue rent of KRW 5 million (from January 2016 to August 2017) and the rent of KRW 250,000 per month from September 25, 2017 to the delivery of the said building portion. Defendant C and Defendant D are obligated to withdraw from the instant building portion.

C. Defendant B asserted that Defendant B could not respond to the Plaintiff’s request for extradition before the Plaintiff compensates for the damages because Defendant B suffered from health damage or mental distress due to myico and water leakage while occupying and using the instant building portion.

Since there is no evidence to acknowledge the facts alleged by Defendant B, the above assertion by Defendant B is without merit.

2. According to the conclusion, the Plaintiff’s claim against the Defendants is accepted for all reasons, and it is so decided as per Disposition.

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