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(영문) 부산지방법원 2018.04.24 2017가단18442
건물명도
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the annex 1 list;

(b) 10,950,000 won and this shall apply thereto;

Reasons

Basic Facts

On December 1, 2015, the Plaintiff entered into a lease agreement with the Defendant on the lease deposit amount of KRW 20,00,000 for the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) owned by the Plaintiff, monthly rent of KRW 1,50,000 for the lease deposit ( separate value-added tax, monthly payment of KRW 28,00 for the lease period), and the lease period of the lease is determined as one year from November 28, 2015 to one year from November 28, 2015 (hereinafter “instant lease agreement”), and agreed to pay the rent in arrears at the rate of 25% per annum if the Defendant delays the payment of the rent due to a special agreement, and to deduct it from the lease deposit if not implemented.

On November 28, 2015, the Plaintiff delivered the instant real estate to the Defendant according to the instant lease agreement, and the Defendant paid KRW 20,000,000 to the Plaintiff around that time.

On November 7, 2016, the Plaintiff notified the Defendant that the instant lease was terminated on November 28, 2016, and that the said real estate would be restored to its original state and transferred.

[Grounds for recognition] The Plaintiff’s assertion that there was no dispute, Gap’s evidence Nos. 1, 3, and 5, and the purport of the entire pleadings is to deliver the instant real estate to the Plaintiff upon termination of the instant lease agreement, and the sum of rent and late payment fees not paid by the Defendant from May 2017 following the conclusion of the instant lease agreement is up to 31,375,000 won as shown in attached Table 2. The above amount is obligated to pay KRW 11,375,00,000, which deducts deposit KRW 20,000 from the lease deposit.

According to the above facts as to the cause of claim, since the lease contract of this case is terminated upon the expiration of the period, the defendant is obligated to deliver the real estate of this case to the plaintiff.

According to the above facts of recognition, the Defendant seeks from December 2, 2015 to May 2017, 2018 to the Plaintiff as the rent or unjust enrichment equivalent to the rent (attached Form 3, including value added tax) and the Plaintiff.

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