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(영문) 부산지방법원 2017.05.25 2017가단6944
건물인도등
Text

1. The defendant shall be the plaintiff.

(a) deliver a part of the second floor (135.46 square meters) among the buildings listed in the separate sheet;

B. From January 6, 2015, the same shall apply.

Reasons

1. The following facts are deemed to have no dispute between the parties pursuant to Article 150 of the Civil Procedure Act:

A. On January 6, 2014, the Plaintiff entered into a contract with the Defendant to lease the second floor (135.46 square meters; hereinafter “instant building”) of the attached building owned by the Plaintiff with a deposit deposit of KRW 5 million, monthly rent of KRW 500,000,000, and the period of twenty months (hereinafter “instant lease contract”), and around that time, delivered the instant building portion to the Defendant.

B. From January 6, 2015, the Defendant delayed the payment of rent for the instant building portion.

C. On March 23, 2017, a duplicate of the instant complaint, including the purport that the Plaintiff terminated the instant lease agreement on the grounds of the Defendant’s delinquency in rent, was served on the Defendant.

2. According to the above facts finding as to the Plaintiff’s claim, it is reasonable to view that the instant lease agreement was terminated on March 23, 2017 according to the Plaintiff’s notice of termination on the ground of the Defendant’s delinquency in rent.

Therefore, the Defendant is obligated to deliver the instant building portion to the Plaintiff and pay the rent of KRW 500,000 per month from January 6, 2015 to the completion date of the delivery, or the amount of unjust enrichment equivalent thereto. Therefore, the Plaintiff’s claim is accepted, and it is so decided as per Disposition.

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