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(영문) 부산지방법원 동부지원 2018.07.04 2017가단214574
건물명도 등
Text

1. The Defendants jointly do so to the Plaintiff:

(a) deliver the second floor of 85.48 square meters among the buildings listed in the attached list;

(b) February 1, 2018

Reasons

1. Indication of claim;

A. On January 17, 2014, the Plaintiff entered into a lease agreement with Defendant B for the second floor of 85.48 square meters (hereinafter “the lease object of this case”) from among the buildings listed in the attached Table owned by the Plaintiff, with regard to deposit money of KRW 60 million, monthly rent of KRW 400,000 (prepaid on February 18, 2014), and from February 18, 2014 to February 17, 2016.

(hereinafter referred to as "the first lease contract"). (b)

On March 11, 2016, the Plaintiff concluded a lease agreement between Defendant B and the instant leased object with a deposit of KRW 60 million, monthly rent of KRW 750,000 (prepaid on March 18, 2016), and the period from March 18, 2016 to March 17, 2018.

(hereinafter referred to as "the second lease contract"). (c)

Defendant B did not pay rent from May 18, 2016, and Defendant C does not jointly occupy the leased object of this case with Defendant B without the Plaintiff’s consent.

According to the above facts, the second lease contract was lawfully terminated upon being served on February 2, 2018 on the defendant B with a copy of the complaint of this case, stating the plaintiff's declaration of termination on the ground of illegal transfer and delinquency in rent.

Therefore, Defendant B and Defendant C, the lessee, jointly, have a duty to jointly deliver the leased object of this case to the Plaintiff, the lessor and the owner, and to pay the amount of unjust enrichment equivalent to the rent calculated at the rate of KRW 750,000 per month from February 3, 2018 to the completion date of delivery of the said real estate.

In addition, Defendant B is obligated to pay damages for delay calculated at each rate of 15,387,096 won [16, 750,000 won for 16 months, 750,000 won x (20 16/31), and less than 11,250,000 won for unpaid rent for 15 months from May 18, 2016 to February 2, 2018], as requested by the Plaintiff, from August 18, 2017 to the date of this decision, 5% per annum as stipulated in the Civil Act, and from the next day to the date of full payment to the date of full payment, 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.

2. The conclusion that confession is made; and

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