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(영문) 부산지방법원 2020.07.09 2019가단18033
건물명도 등
Text

1. The defendant shall be the plaintiff.

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

B. From April 17, 2019, the above-mentioned A

subsection (b).

Reasons

1. Facts without dispute;

A. On March 17, 2016, the Plaintiff leased real estate listed in the attached list (hereinafter “instant real estate”) to the Defendant with the lease deposit KRW 5,00,000,000, monthly rent KRW 300,000, and the lease term from March 17, 2016 to March 16, 2018.

(hereinafter “instant lease agreement”). B.

From April 17, 2019, the Defendant did not pay a vehicle under the instant lease agreement.

2. The judgment of the plaintiff is demanding the defendant to pay rent in arrears for the delivery of the real estate of this case through the delivery of the complaint of this case. It is reasonable to deem that the plaintiff expressed to the defendant the intention to terminate the lease contract of this case on the grounds of the overdue charge. Thus, the lease contract of this case was lawfully terminated on January 14, 2020, which is the delivery date of the complaint of this case.

Therefore, barring any special circumstance, the Defendant is obligated to deliver the instant real estate to the Plaintiff to its original state, and to pay the Plaintiff the rent or unjust enrichment equivalent to the rent, calculated at the rate of KRW 300,000 per month from April 17, 2019 to the completion date of delivery of the instant real estate.

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

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