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(영문) 부산지방법원 2021.03.04 2020가단13959
건물명도등
Text

1. The defendant shall be the plaintiff.

(a) deliver the third floor of 118.38 square meters among the buildings listed in the attached list;

B. 4,722,610 Won and September 2020

Reasons

1. Indication of claim;

A. On October 22, 2018, the Plaintiff entered into a lease agreement with the Defendant to lease to the Defendant at KRW 7,000,000, monthly rent of KRW 1,000,00 with respect to the rent of KRW 118.38 square meters (hereinafter “the instant building”) on the third floor among the real estate listed in the attached Table with the Defendant on the attached list.

B. On July 22, 2020, the Defendant failed to pay the monthly rent of KRW 10,000 as of July 22, 2020, the Defendant prepared a letter of intent to pay KRW 3,000,000 to the Plaintiff on the same day as of August 15, 2020, and thereafter, pay KRW 1,00,000 per month without the lease deposit.

(c)

In addition, while the defendant still occupies and uses the building of this case, he did not pay the electricity fee of 722,610 won up to the part of December 2020 and paid it by the plaintiff on behalf of the plaintiff.

(d)

Therefore, since the Plaintiff terminated the above lease contract with the Defendant, the Defendant is obligated to deliver the instant building to the Plaintiff and pay the Plaintiff the amount calculated by applying the rate of KRW 1,00,000 per month, which is equivalent to the monthly rent from June 25, 2020 to September 25, 2020, the sum of the monthly rent of KRW 4,722,610 and the monthly rent of KRW 4,722,610 as well as the final rent of KRW 4,72,610, which is equivalent to the monthly rent from September 26, 2020 to the delivery date of the instant building.

2. Judgment by publication service (Article 208 (3) 3 of the Civil Procedure Act).

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