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(영문) 부산지방법원 2019.12.11 2019나51154
건물명도등
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall provide the plaintiff with the real estate listed in the attached list.

Reasons

According to the overall purport of the statements and arguments on the grounds of claim Nos. 1, 1, and 1 and 2 (including paper numbers), the Plaintiff, on December 12, 2013, purchased real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant on December 12, 2013, with a deposit of KRW 10,000, monthly rent of KRW 570,000 (value-added tax separate, monthly rent of KRW 20,000 (payment; hereinafter the same shall apply), and the lease period from December 20, 2013 to December 19, 2014 (hereinafter “the instant lease contract”). The Plaintiff’s expression of intention that the instant lease contract was explicitly renewed, and at least the Plaintiff’s expression of intention that the lease contract was terminated on September 5, 2016, and the Plaintiff’s previous lease contract was lawfully extended on September 18, 2017.

In addition, the defendant, after the termination of the lease contract of this case, has occupied and used the real estate of this case without any legal grounds, obtains profits equivalent to the rent of this case and thereby causes damages equivalent to the plaintiff. Thus, the defendant is obligated to return such profits to the plaintiff. On the other hand, unjust gains from possession and use of real estate shall be deemed to be the rent of ordinary real estate, and the amount equivalent to the rent after the termination shall be deemed to be the same amount as the rent of this case.

Thus, barring any special circumstance, the Defendant delivers the instant real estate to the Plaintiff, and as sought by the Plaintiff, KRW 66,000 per month from November 20, 2017 to January 19, 2018, respectively.

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