(영문) 부산지방법원서부지원 2020.04.09 2019가단113343

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(영문) 부산지방법원서부지원 2020.04.09 2019가단113343

건물명도(인도)

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1. The defendant shall be the plaintiff.

(a) Of the buildings listed in the separate sheet, each point in the separate sheet No. 1, 2, 3, 4, and 1;

Reasons

1. Basic facts

A. On October 3, 2013, the Plaintiff entered into a lease agreement between C and the Plaintiff, the Plaintiff-owned, with respect to the portion of 23.37 square meters of an unauthorized building (hereinafter referred to as “instant building”), which is located in the order of indication 1, 2, 3, 4, and 1 of the annexed drawings on the land of 190 square meters on the land of the 1, 2, 3, 4, and 190 square meters on the land of 190 square meters on which the Plaintiff owned the Plaintiff, for a period of 36 months.

B. On October 2, 2016, the Plaintiff entered into a lease agreement with the Defendant, who is the husband of C on October 2, 2016, with respect to the instant building, with the period of KRW 130,000 per month, and the period of 24 months.

(hereinafter referred to as “instant lease agreement”) c.

The Defendant paid the rent by not later than February 21, 2018 while occupying and using the instant building. The rent paid by the Defendant constitutes rent up to November 1, 2017, and the rent corresponding to the subsequent rent has not been paid.

The Plaintiff submitted the instant complaint on the grounds of the Defendant’s unpaid rent, and expressed his/her intent to terminate the instant lease agreement.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 5, Eul evidence 1, the purport of whole pleadings

2. Determination:

A. According to the facts of the judgment on the cause of the claim, the lease contract of this case was terminated upon the expiration of the term, or the copy of the complaint of this case containing the intent of termination due to the Plaintiff’s failure to pay the fees was delivered to the Defendant.

Therefore, the Defendant shall deliver the instant building to the Plaintiff, and shall pay rent or unjust enrichment calculated at the rate of KRW 130,000 per month from November 2, 2017 to the delivery date of the instant building.

B. As to the Defendant’s assertion, the Defendant asserts that the period of agreement under the instant lease agreement has not expired for ten years.

However, there is no evidence to prove that the term of the instant lease agreement is 10 years.

Even if the lease contract of this case is concluded.

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