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(영문) 부산지방법원동부지원 2019.01.31 2018가단4712
건물명도(인도)등
Text

1. The Plaintiff:

A. The Defendants jointly and severally deliver the real estate stated in the separate sheet.

B. The Defendants are subject to each of 870,910 won.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation established under the Local Public Enterprises Act, and is running a business to purchase real estate to stabilize the residential life of ordinary people and to improve their welfare, and lease it to basic livelihood recipients, etc.

B. On February 2, 2010, the Plaintiff purchased real estate indicated in the attached Form and leased the deposit of KRW 3,003,00, monthly rent of KRW 54,90, and the lease term of KRW 54,90, from February 8, 2010 to February 7, 2012.

C. The lease contract between the Plaintiff and D has been implicitly renewed, and D delayed the monthly rent from September 2015.

On May 4, 2017, the Plaintiff notified D that the lease contract will be terminated if the delayed monthly rent is not paid by content-certified mail.

E. D died on January 9, 2018, and the Defendants, the inheritor, are children.

(f) The sum of unpaid monthly rent by April 30, 2018 is KRW 1,741,820.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. According to the facts found above, the lease agreement on the attached real estate in the attached Form is deemed to have been terminated on May 25, 2017, without paying the delayed fees according to the Plaintiff’s declaration of intention of termination on condition of suspension on the grounds that the lease agreement on the real estate in the attached Form was in arrears of at least two months.

Therefore, the Defendants, the heir of the network D, are jointly and severally liable to deliver to the Plaintiff the real estate indicated in the separate sheet, which is the leased object, and each of the delayed rent of KRW 870,910 and KRW 27,450 per month from May 1, 2018 to the delivery date of the real estate indicated in the separate sheet.

3. According to the conclusion, the plaintiff's claim is accepted on all grounds.

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