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(영문) 부산지방법원동부지원 2017.06.28 2016가단215686
건물명도
Text

1. The Defendants jointly deliver to the Plaintiff the real estate listed in the separate sheet.

2. The plaintiff, the defendant B, and the defendant B, 42.

Reasons

1. Facts of recognition;

A. On July 25, 2012, the Plaintiff entered into a lease agreement between the deceased and the deceased (hereinafter “the deceased”) with the terms that the instant commercial building is leased KRW 3,000,000 as the lease deposit, monthly rent KRW 250,00 as the lease deposit, and the lease term as the lease term from July 25, 2012 as the date when the contract was signed (hereinafter “instant lease agreement”).

B. From the date of entering into the instant lease agreement without paying the lease deposit, the Deceased operated a restaurant at the instant commercial building from the time of entering into the instant lease agreement, and around July 31, 2013, the Deceased completed the Plaintiff’s payment of KRW 3,000,000 under the instant lease agreement.

C. In addition, the Deceased paid monthly rent from July 25, 2012 to May 24, 2014, but the subsequent monthly rent was not paid.

On the other hand, the Deceased died on March 18, 2015, when the lease term of this case was under the lease term of this case, and the Defendants, as the inheritors of the Deceased, are as indicated in the separate indication of the shares of inheritance.

E. Since the death of the deceased, there remains articles owned by the deceased in the commercial building of this case, but the Defendants did not use and benefit from the commercial building of this case.

[Ground of recognition] The remaining Defendants except Defendant H: The non-contentious facts, each entry or video of evidence Nos. 1 through 3, and the purport of the whole pleadings

2. The summary of the Plaintiff’s assertion was terminated due to the expiration of the lease agreement, and the Defendants, the heir of the deceased, are jointly obligated to deliver the instant commercial building to the Plaintiff. As long as the instant commercial building has not yet been delivered to the Plaintiff, the Defendants, the heir of the deceased, were the lessee, and the Defendants, the heir of the deceased, were the lessee, at the ratio of their respective inheritance shares, delayed payment from June 25, 2014 to October 25, 2016, the sum of the rent or the unjust enrichment equivalent to the rent, 7,250.

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