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(영문) 부산지방법원서부지원 2020.05.29 2019가단116946
건물명도 등
Text

1. The defendant shall be the plaintiff.

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

(b) 20,59,655 Won and its corresponding 20.0

Reasons

1. On May 17, 2018, the Plaintiff: (a) determined that real estate listed in the attached Form (hereinafter “instant real estate”) was leased KRW 20,00,000 for lease deposit; (b) KRW 1,900,00 for rent; and (c) from June 1, 2018 to May 31, 2020 for lease term; and (d) determined that the lessor may immediately terminate the lease contract if the lessee fails to pay rent at least twice (hereinafter “instant lease”); (c) the Defendant delayed the payment of rent and management expenses from July 19, 2018 to March 31, 2019; and (d) notified the Defendant of the performance of the payment of the instant real estate by the total amount of KRW 1,90,00 for rent, KRW 1,90 for rent, KRW 100,000 for rent, KRW 50,00 for rent, KRW 20,000; or (d) the delivery of the instant real estate to the Defendant.

According to the above facts, the contract of this case was terminated on the ground of overdue rent, barring special circumstances, since the defendant's failure to pay more than twice a month and the grounds for termination of the contract are recognized as the grounds for termination of the contract.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff, and pay the Plaintiff money calculated by applying the rate of KRW 2,090,000 per month to the amount of unjust enrichment equivalent to the rent and management expenses not paid as of November 29, 2019, and the amount of the rent and management expenses not paid as of December 29, 2019, from December 1, 2019 to December 1, 2019.

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

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