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(영문) 부산지방법원 2017.03.31 2016가단307367 (1)
건물명도
Text

Defendant A delivers the real estate listed in the attached list to the Plaintiff, and from March 2, 2016, Defendant A delivered the real estate listed in the attached list to the Plaintiff.

Reasons

Facts of recognition

On February 9, 2011, the Plaintiff leased real estate listed in the separate sheet (hereinafter “instant real estate”) between Defendant A and Defendant A (hereinafter “instant real estate”).

1. A written lease agreement has been prepared, and the part concerning management expenses in the attached contract under Article 14 in the above written lease agreement shall be attached thereto;

2. The description;

(hereinafter “instant lease agreement.” From August 2015 to February 2016, the Defendant did not pay the rent from August 2016 to February, 2016. The Defendant agreed to pay the overdue rent (7,700,000 won each month) and the overdue rent from January 1 to March 1, 2016 following the due date (the instant lease agreement entered into an agreement to pay the rent in advance on the last day of each month).

3. The description; and

(hereinafter “instant overdue rent, etc.”). The Plaintiff notified the termination of the instant rental agreement on the ground that the Defendants were in arrears not less than three times in arrears.

[Based on the fact that there is no dispute, Gap 1 through 5 evidence (if there is a serial number, including a branch number; hereinafter the same shall apply), and the judgment on the ground of the claim as to the whole of the pleadings, the delivery of the building and the part equivalent to the rent of this case to the defendant A, the lease contract of this case was lawfully terminated by the plaintiff's notice of termination. Thus, the defendant is obligated to deliver the real estate of this case to the plaintiff, and pay the money calculated by the rate of KRW 7,700,000, monthly rent or unjust enrichment, which is the amount equivalent to the rent of this case, from the beginning day of this case to the completion day of delivery of the real estate

The plaintiff shall attach the late payment charge until July 2015, the late payment charge of management expenses after August 2015, and the late payment charge of management expenses until July 2015, and the late payment charge of management expenses from August 2015 and the late payment charge of management expenses from August 2015.

4. The defendant asserts that it should be paid together as stated above.

In this regard, the defendant's calculation formula and its basis are presented.

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