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(영문) 부산지방법원 2020.06.09 2019가단20548
건물명도 등
Text

1. The defendant shall be the plaintiff.

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

(b) As from December 1, 2019, KRW 3,080,00 and above.

Reasons

On May 31, 2017, the Plaintiff leased real estate recorded in the order (hereinafter referred to as “instant real estate”) to the Defendant as KRW 15,00,00,00 per deposit, KRW 700,00 per month, and the period from August 1, 2017 to July 31, 2020, and the fact that the Defendant did not pay the rent for the period from August 1, 2019 to July 31, 201 that the parties do not dispute, or that the Defendant did not pay the rent for the period from August 1 to 3-11, 200, comprehensively recognizes the purport of the entire pleadings in each of the statements in the evidence Nos. 1 to 3-11, and that the Defendant’s above payment obligation of rent reaches the Defendant on December 6, 2019, it is clear that the said lease was lawfully terminated by the Plaintiff’s declaration of intention to terminate the said lease.

I would like to say.

In regard to this, the Defendant asserted to the effect that the Plaintiff infringed on the instant real estate without permission, committed perjury in the relevant case, and was difficult to use and benefit from the said real estate due to water leakage and mycoi, but this part of the allegation is not acceptable inasmuch as there is no evidence to support this.

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and pay to the Plaintiff the sum of KRW 3,080,000,000 (i.e., KRW 770,000 x April) paid for the four-month period, and to pay the amount calculated at the rate of KRW 770,00 per month as unjust enrichment equivalent to the rent or rent from December 1, 2019 to the completion date of delivery of the said real estate.

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

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