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(영문) 부산지방법원동부지원 2015.11.04 2015가단16080
건물인도 등
Text

1. The Defendant shall deliver to the Plaintiff the real estate indicated in the attached list, and from July 30, 2013 to the delivery date of the pertinent real estate.

Reasons

1. In full view of the purport of the entire pleadings as to the evidence Nos. 1 and 2, and evidence Nos. 3-1 and 2, the Plaintiff, on August 29, 2007, leased real estate listed in the separate sheet to the Defendant as a deposit of KRW 10 million, monthly rent of KRW 300,000, and period of lease of KRW 24 months, but has been implicitly renewed. The Defendant delayed the lease from July 30, 2013 to July 9, 2015, and the Plaintiff’s termination of the said lease contract on the ground of the Defendant’s delinquency in payment of monthly rent and notified the Defendant of the delivery of the said real estate by August 29, 2015.

2. According to the above facts of recognition, the lease agreement between the Plaintiff and the Defendant was terminated on August 29, 2015, based on the Plaintiff’s declaration of intention to terminate the lease contract on the grounds of the Defendant’s delinquency in monthly rent, and thus, the Defendant is obligated to deliver the said real estate to the Plaintiff and pay the Plaintiff the overdue rent or unjust enrichment in arrears calculated at the rate of KRW 300,000 per month from July 30, 2013 to the delivery date

3. It is so decided as per Disposition by admitting the plaintiff's claim of this case.

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