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Reasons
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(영문) 부산지방법원동부지원 2015.03.19 2014가합3213
건물명도 등
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1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

(b) KRW 42,707,810 and as regards it, October 2014.

Reasons

1. Facts of recognition;

A. The Leesung Industrial Co., Ltd. (hereinafter “Esung Industrial”) entered into a lease agreement with the Defendant to lease the buildings listed in the separate sheet (hereinafter “instant real estate”) at KRW 100 million, monthly rent of KRW 15 million, and interest on overdue rent at a rate of 20% per annum (hereinafter “instant lease agreement”).

B. On March 21, 2014, the Plaintiff succeeded to the instant lease agreement upon purchasing Busan Shipping Daegu, including the instant real estate, from Essung Industries.

C. Although the Defendant paid the rent, etc. to the Plaintiff upon the Plaintiff’s succession to the instant lease agreement, the Defendant did not pay the rent, etc. to the Plaintiff on August 2014 and September 2014, the sum of KRW 42,707,810 (i.e., the rent of KRW 16,50,000 on August 8, 2014 (i.e., the rent of KRW 16,50,000 on the management fee, etc. on August 2014).

On October 10, 2014, the Plaintiff sent to the Defendant a notice of termination of the lease agreement on the ground that the payment of rent, management fee, etc. was delayed for more than two months. Around that time, the said notice reached the Defendant.

E. The defendant occupies and uses the real estate of this case until now.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including each number), the purport of the whole pleadings

2. According to the facts of the judgment on the request for extradition, the instant lease agreement was lawfully terminated by the Plaintiff’s declaration of termination on the grounds of the Defendant’s failure to pay rent. Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff.

3. According to the above facts of recognition as to the claim for unpaid rent, etc., the Defendant is more than KRW 42,707,810 in total for the unpaid rent and management fee from August 2014 to September 2014.

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