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(영문) 부산지방법원 2015.02.25 2014가단83841
건물명도 등
Text

1. The defendant shall be the plaintiff.

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

B. KRW 16,400,000 and this shall be applicable thereto.

Reasons

1. Facts of recognition;

A. On June 23, 2004, the Plaintiff leased to C real estate listed in the separate sheet (hereinafter “instant real estate”) with the lease deposit of KRW 20 million, monthly rent of KRW 400,000,000, and the lease term of KRW 500,000 from May 28, 2004 to May 28, 2006 (hereinafter “instant lease agreement”). around that time, C subleted the instant real estate to the Defendant with the same content as the said lease agreement with the consent of the Plaintiff.

B. After that, from around 2006, C and the Defendant began to delay the payment of the rent. Around September 201, after appropriating the overdue rent from the lease deposit to appropriating the overdue rent from September 201, the Defendant prepared a letter stating that “The payment of the rent shall be made by June 30, 201 to D, an agent as the Plaintiff’s relative on May 16, 2012, and the Defendant, as the Plaintiff’s agent, paid the rent by June 30, 2012 (hereinafter “each letter of this case”).”

C. However, on September 4, 2014, the Defendant did not pay the Plaintiff the overdue charge by the due date stipulated in the instant letter, and the Plaintiff notified the Defendant that the instant lease contract was terminated on the grounds of the termination of the lease term and the overdue charge as stipulated in the instant letter, and the said notification reached the Defendant around that time.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 6, the purport of whole pleadings

2. Determination

A. According to the facts of the determination on the cause of the claim, the instant lease contract was terminated on the grounds of the expiration of the period or the overdue delay of rent. Thus, the Defendant delivered the instant real estate to the Plaintiff, and KRW 16,400,000 in total, for 41 months from September 17, 2011 to January 2015 (=400,000 x 41 months), and as to this, 20% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the day following the delivery date of a copy of the written application for change of the purport of the instant claim and the cause of the claim, from January 17, 2015 to the day of complete payment.

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