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(영문) 부산지방법원 2017.05.16 2016가단340203
건물
Text

1. The defendant shall be the plaintiff.

(a) Class B, Class C, 3, of reinforced concrete structure C, located in Busan Geum-gu, the third floor;

Reasons

1. Basic facts

A. On November 9, 2014, the Plaintiff entered into a lease agreement with the Defendant to lease the second and third floors of the building located in the Geum-gu, Busan (hereinafter in this case’s building) (hereinafter in this case’s building) with the lease deposit for KRW 10 million, the lease fee for KRW 10 million per month (payment on January 10, 201), and the lease period for November 10, 2014 to November 10, 2016.

In addition, at the time of the above lease agreement, the defendant paid 12 million won to the plaintiff at the cost of household and house, and the water charge and other public charges are borne by the defendant, and the facilities are restored to their original state upon termination of the lease agreement.

B. On January 13, 2015, the Defendant: (a) KRW 1,00,000,000,000 each twice, for the Plaintiff’s fee; and (b) the same year.

2. 14.1 million won, and the same year.

2. 13.1 million won was remitted and paid.

C. The Defendant did not pay the water rate of KRW 382,790 in total to the waterworks business headquarters of Busan Metropolitan City during the above lease period, and as the said waterworks business headquarters discontinued the water supply, the Plaintiff paid the water rate of KRW 7,000 on February 21, 2017, and paid the water rate of KRW 432,690 in total, including the water rate of KRW 7,000, and the resupply cost of KRW 42,90.

The Plaintiff declared to the Defendant that the instant lease contract will be terminated on the ground that the service of the duplicate of the instant complaint was not paid for more than two years, and the duplicate of the complaint was served to the Defendant on August 31, 2016.

[Reasons for Recognition] Each entry of Gap evidence 2 through 6 (including above relevant branch numbers), the purport of the whole pleadings

2. As to a claim for the delivery of a building, a claim for overdue rent, a return of unjust enrichment equivalent to the rent, water rate, etc.

A. According to the facts of the determination as to the cause of the claim, barring any special circumstance, the instant lease agreement was lawfully terminated on August 31, 2016 according to the Plaintiff’s exercise of the Plaintiff’s right to terminate the lease on the grounds of not less than two years of arrears, barring any special circumstance, and thus, the Defendant delivers the leased portion of the instant lease to the Plaintiff, and the Plaintiff seeks.

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