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(영문) 부산지방법원 2016.04.21 2015가단224953
건물명도
Text

1. The Defendant (Counterclaim Plaintiff) from the Plaintiff (Counterclaim Defendant) to the delivery of the building indicated in the attached Form from March 28, 2016 to KRW 1.5 million.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On September 28, 2014, the Plaintiff entered into a lease agreement with the Defendant on the attached property owned by the Defendant (hereinafter “instant building”) stating that the lease term shall be KRW 6 million, monthly rent of KRW 250,000 (hereinafter “instant lease agreement”) for the period from September 28, 2014 to 24 months, and the lease deposit shall be KRW 6 million, monthly rent of KRW 250,000.

B. The Plaintiff delivered the instant building to the Defendant in accordance with the instant lease agreement, and the Defendant paid the said deposit to the Plaintiff.

C. The Defendant: (a) opened a beauty room on October 8, 2014 after performing the tegrying construction of the instant building; (b) occupied and used the instant building after completing business registration under the trade name “C” on January 9, 2015; (c) but did not pay monthly rent under the instant lease agreement due to disputes between the Plaintiff and the Plaintiff; (d) however, the instant building continues to be occupied and used until now.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4 through 6, 8, 9 and the purport of the whole pleadings

2. The parties' assertion

A. Since the lease contract of this case was terminated by the plaintiff's declaration of termination due to the plaintiff's non-performance of obligation, the defendant is obligated to deliver the building of this case to the plaintiff and pay the overdue rent and unjust enrichment equivalent to the overdue rent.

In addition, if the water rate is imposed on multi-households, not an aggregate building, and the water rate imposed on the whole building is calculated by household, the defendant shall pay to the plaintiff the water rate calculated by the ratio of 13,000 won per month.

Finally, the Defendant, without the Plaintiff’s permission, has excavated the wall for the installation of TV and drilling the hole at the bottom of the entrance of the first floor without permission. Therefore, the Defendant, a lessee, pursuant to Article 5 of the instant lease agreement.

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