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(영문) 부산지방법원 2014.09.02 2013가단82131
건물인도
Text

1. The Plaintiff:

A. Defendant B and D shall jointly and severally deliver the buildings listed in the separate sheet, and the above buildings from June 1, 2013.

Reasons

1. Facts of recognition;

A. On October 12, 2004, the Plaintiff leased to Defendant B and D the buildings listed in the separate sheet (hereinafter “instant real estate”) for the lease deposit of KRW 45,000,000, monthly rent of KRW 3,500,000, and the lease period of KRW 12,000,000, and the lease period from October 12, 2004 to October 12, 2009.

B. On October 13, 2009, the Plaintiff renewed the lease term from October 13, 2009 to October 12, 2014 under the same conditions as the contract under paragraph (1).

(hereinafter “instant lease agreement”). C.

Defendant C registered the “E Pharmacy” in the instant real estate on October 7, 2004 and operates the E pharmacy from that time.

Defendant B and D have not paid monthly rent from June 2013 to June.

E. On October 25, 2013, the Plaintiff declared to Defendant B and D that the instant lease agreement will be terminated on the grounds of delinquency in rent, and the duplicate of the complaint stating the said declaration of intent was served on Defendant D, respectively, on November 28, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6, 8, Eul evidence Nos. 6 and 7, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff asserted that Defendant B and D did not pay two or more vehicles, and that Defendant C occupied and used the instant lease agreement by having Defendant C operate the pharmacy in the name of E pharmacy from the instant real estate to the date of termination of delivery of the instant real estate. As such, Defendant B and D are obligated to pay to the Plaintiff the overdue rent or unjust enrichment equivalent to the overdue rent or rent, calculated at the rate of KRW 3,500,000 per month from June 1, 2013, which is the date of delinquency in the rent for the instant real estate, to the date of delivery of the instant real estate, and Defendant C should leave the instant real estate.

As to this, the Defendants participated in the car in order to pay the rent of the instant real estate and visited the Plaintiff several times, but the Plaintiff is refusing to receive it.

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