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(영문) 부산지방법원서부지원 2019.08.30 2019가단2979
건물인도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

(b) As from March 1, 2019, KRW 14,123,310 and the above.

Reasons

Comprehensively taking account of the overall purport of the pleadings as indicated in the evidence Nos. 1 through 3, the Plaintiff entered into a lease agreement with the Defendant on July 2016 with regard to the buildings listed in the separate sheet including KRW 20 million, KRW 1650,000 per month, and KRW 1.650,000 per July 11, 2018, and the term of the lease was July 12, 2018. The Defendant did not pay the rent by July 16, 2018. The Plaintiff notified the Defendant on July 16, 2018 that the lease was terminated on the ground of the overdue rent. The Defendant paid three-month rent, but the Plaintiff did not pay the rent again until February 28, 2019.

According to the above facts of recognition, since the lease contract on the building in the attached list between the plaintiff and the defendant was terminated by the plaintiff's declaration of termination due to the defendant's declaration of termination due to overdue rent, the defendant shall deliver the building in the attached list to the plaintiff, and shall pay the plaintiff the amount of unjust enrichment equivalent to the rent calculated by the ratio of 14,123,310 won and 1.650,000 won per month from March 1, 2019 to the delivery date of the building.

The plaintiff's claim is justified, and it is so decided as per Disposition.

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