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(영문) 부산지방법원 동부지원 2018.11.29 2018가단9106
건물명도(인도)
Text

1. From 50,00,000 to 50,000 won, the Defendant’s month from September 24, 2017 to the completion date of delivery of the building indicated in the separate sheet.

Reasons

1. Indication of claim;

A. On April 20, 2017, the Plaintiff entered into a lease agreement with the Defendant that the Plaintiff leased the building listed in the separate sheet to the Defendant by setting the deposit amount of KRW 50 million, monthly rent of KRW 1.3 million, and the lease term of KRW 1.3 million from May 14, 2017 to May 13, 2018 (hereinafter “instant lease agreement”). From that time, the Defendant occupied the said building from that time to the date of closing argument of the instant case.

B. As the Defendant paid a total of KRW 2.6 million up to July 13, 2017 to the time of the filing of the instant suit and continued to delay the payment of the rent thereafter, the Plaintiff terminated the instant lease by serving a duplicate of the instant complaint on the Plaintiff.

C. During the instant lawsuit pending, the Defendant paid 3 million won (the amount equivalent to the overdue rent up to September 23, 2017) out of the overdue rent to the Plaintiff.

Therefore, at KRW 50,00,000, the Defendant is obligated to receive the amount calculated by deducting the amount calculated by the ratio of KRW 1,300,000 per month from September 24, 2017, which is the amount of unpaid rent and unjust enrichment equivalent to the rent, which has not been paid until the date of the closing of the argument in this case, to the date of delivery of the building indicated in the separate sheet, from September 24, 2017 to the date

2. Grounds: Judgment on deemed confession (Article 208(3)2 of the Civil Procedure Act, and the defendant, despite being served with a duplicate of the complaint, failed to submit a written answer by the date of closing argument in this case and did not appear on the date of closing argument, and therefore, it is deemed that all the plaintiff's allegations were led to confession under Article 150 of the

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