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(영문) 부산지방법원 2016.05.24 2016가단895
건물명도등
Text

1. The defendant shall be the plaintiff.

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

B. From October 21, 2013, each of the above.

Reasons

1. Facts of recognition;

A. On August 20, 2011, the Plaintiff entered into a lease agreement with the Defendant to lease each real estate listed in the separate sheet (hereinafter “instant real estate”) at KRW 10,00,000,000 per lease deposit, monthly rent of KRW 1,90,000 (hereinafter “instant lease agreement”). Around that time, the Plaintiff handed over the instant real estate to the Defendant.

B. The Defendant did not pay the rent from October 21, 2013.

C. On February 1, 2016, the instant complaint claiming the termination of the instant lease agreement on the grounds of the Defendant’s delinquency in rent was served on the Defendant.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 and 2 (including paper numbers), the purport of the whole pleadings

2. According to the above facts of determination, the instant lease agreement was lawfully terminated by the Plaintiff’s notice of termination due to the Defendant’s delinquency in payment of rent, and thus, the Defendant is obligated to deliver the instant real estate to the Plaintiff as restitution, and to pay the Plaintiff the amount of unjust enrichment equivalent to the rent from October 21, 2013 to the rate of KRW 1,900,000, calculated as of October 21, 2013.

3. Conclusion, the plaintiff's claim of this case is justified.

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