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(영문) 부산지방법원동부지원 2019.11.13 2019가단200821
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. 3,400,000 won and December 23, 2018

Reasons

1. Facts of recognition;

A. On November 22, 2017, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 10,00,000, KRW 800,000 per month of rent, KRW 50,000 per month of management fee, and KRW 50,000 per month of rent, and the term of lease from November 22, 2017 to November 21, 2018.

The instant lease contract was implicitly renewed at the expiration of the term.

B. At the time of the instant lease agreement, the Plaintiff and the Defendant agreed that the Plaintiff may terminate this contract immediately when the Defendant’s delayed delay reaches the amount of two rents.

C. The Defendant did not pay to the Plaintiff the sum of KRW 3,400,000 for rent and management expenses from August 23, 2018 to December 22, 2018.

Accordingly, the Plaintiff, through the instant complaint, declared the Defendant to the effect that the instant lease contract is terminated on the grounds of delinquency in rent, and the duplicate of the instant complaint was served on the Defendant on March 13, 2019.

E. The Defendant occupied and used the instant real estate at the time of closing the argument of the instant case.

[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 1, and the purport of whole pleading

2. According to the fact that the lease contract of this case was lawfully terminated and terminated on March 13, 2019, the defendant is obligated to deliver the real estate of this case to the plaintiff to its original state, pay 3,400,000 won unpaid rent and management fee, and pay 850,000 won per month from December 23, 2018 to the completion date of delivery of the real estate of this case.

3. The plaintiff's claim of this case is justified.

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