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(영문) 부산지방법원 2018.07.26 2018가단1120
건물명도(인도)
Text

The defendant delivers to the plaintiff the real estate stated in the attached list, and deliver the above real estate from June 26, 2018.

Reasons

Facts of recognition

On March 12, 2017, the Plaintiff leased real estate listed in the attached list (hereinafter “instant real estate”) to the Defendant with the lease deposit of KRW 10,000,000, monthly rent of KRW 800,000, and the lease period of KRW 12,000 from March 12, 2017 to March 12, 2019.

(hereinafter “instant lease agreement”). The Defendant paid three times a vehicle by May 12, 2017, but did not pay the vehicle during the subsequent period, and the full amount of the deposit was deducted on June 26, 2018.

[Ground of recognition] Fact-finding without dispute, Gap evidence Nos. 1 through 4 (including a branch number if a branch number exists), and the purport of the whole pleadings, the lease agreement of this case is deemed to have been lawfully rescinded by the delivery of the complaint of this case in which the plaintiff's intention of termination is stated. Thus, the defendant is obligated to deliver the real estate of this case to the plaintiff, and to pay the amount calculated by the rate of KRW 800,000 per month, which is the amount equivalent to the rent for damages or unjust enrichment, from June 26, 2018 to the completion date of delivery of the real estate as requested by the plaintiff.

Therefore, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.

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