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Reasons
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(영문) 부산지방법원동부지원 2020.01.29 2019가단211814
건물명도(인도)
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1. The defendant shall be the plaintiff.

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

(b) 24,160 won and as regards them, 224,160 won.

Reasons

1. Facts of recognition;

A. On June 20, 2018, the Plaintiff leased to the Defendant the real estate listed in the separate sheet (hereinafter “instant real estate”) as the leased housing (hereinafter “instant real estate”) by setting the lease deposit amount of KRW 60,000,000, monthly rent of KRW 74,370, and the lease term from June 29, 2018 to June 28, 2020.

(hereinafter “instant lease agreement”). B.

According to Article 9 of the instant lease contract, a lessor is entitled to cancel or terminate a lease contract in a case where a lessee fails to pay rent, management fee, public charge, etc. for at least three months.

C. Since the Defendant received the instant real estate, the Defendant did not pay the management expenses up to once, and the monthly rent was unpaid for at least three months until April 30, 2019, and its total amount reached KRW 225,360.

Accordingly, the Plaintiff, through the instant complaint, declared the Defendant to terminate the instant lease agreement on the grounds of delinquency in the above rent and management fee, and the duplicate of the instant complaint was served on the Defendant on June 7, 2019.

E. After that, the Defendant repaid all unpaid rents on August 28, 2019, but the sum of unpaid rents is KRW 224,160 in total due to the unpaid rents from September 2019 to November 30, 2019.

F. As of the closing of argument in the instant case, the Defendant occupied and used the instant real estate.

【Reasons for Recognition】 Records of Evidence Nos. 1 through 9, significant facts in this court, and the purport of the whole pleadings

2. According to the fact that the instant lease contract was lawfully terminated on June 7, 2019, and thus, the Defendant delivered the instant real estate to the Plaintiff by restitution. The Defendant’s unjust enrichment is as to the promotion of litigation, etc. from December 12, 2019 to the date following the delivery date of a copy of the application for modification of the purport of the instant claim and the cause of the claim, as sought by the Plaintiff, as to ① KRW 224,160 equivalent to the amount of the unpaid rent, as well as KRW 224,160.

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