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(영문) 부산지방법원 2020.12.18 2019나55491
건물명도(인도)
Text

The order of the first instance judgment, including a claim added by this court, is modified as follows. A.

The defendant.

Reasons

1. Facts of recognition;

A. On June 17, 2017, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) between June 17, 2017 to June 16, 2018, with respect to the same part of the building of 25.135 square meters (hereinafter “instant building”) between the Defendant and the Busan-gu Seoul-gu, with respect to the lease deposit amount of KRW 11 million, and monthly rent of KRW 750,00 (hereinafter “instant lease agreement”).

B. At that time, the Defendant paid the Plaintiff the above deposit of KRW 11 million and started to use the instant building upon delivery, but did not pay the Plaintiff the monthly rent once after the conclusion of the lease agreement.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including branch numbers for those with a satisfy number), the purport of the whole pleadings

2. Determination on a rent and a claim for return of unjust enrichment

A. (1) The Plaintiff’s assertion 1) The Defendant did not pay the monthly rent from June 17, 2017, and the Plaintiff terminated the lease contract of this case by serving a copy of the instant complaint. Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 16,125,00 in the aggregate of the rent from June 17, 2017 to December 17, 2018, which is the delivery date of the copy of the instant complaint, and from December 18, 2018 to March 31, 2019, the lease contract of this case between the Defendant’s use of the instant real estate and KRW 16,125,00. According to the foregoing, the lease contract of this case between 11,00,000 won and 5,125,000 won which the Plaintiff deducted from the Defendant’s payment to the Plaintiff from the said amount to 6.6 months prior to the expiration date of the lease contract of this case, as seen in the foregoing 16 months.

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