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(영문) 부산지방법원동부지원 2016.04.21 2016가단200530
건물인도
Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

(b) As from February 9, 2016, KRW 2,400,00 and above.

Reasons

In full view of the purport of the argument in the evidence Nos. 1 through 4, the Plaintiff leased the building listed in the separate sheet (hereinafter “instant building”) to the Defendant on October 8, 2015, with the lease deposit of KRW 30,000,000, monthly rent of KRW 2,200,000, and the lease period of November 9, 2015 through November 8, 2017. The Plaintiff delivered the instant building to the Defendant on November 9, 2015, but the Defendant did not pay the lease deposit of KRW 25,00,000 and KRW 200,000 among the above lease deposit and KRW 20,000 after November 2015, and the Plaintiff was not paid the lease deposit and certificate of the lease of this case to the Defendant on December 28, 2015.

According to the above facts, since the lease contract of this case was lawfully terminated, the defendant is obligated to deliver the building of this case to the plaintiff and pay the plaintiff the unjust enrichment equivalent to the rent of 2,400,000 won in arrears from February 9, 2016 to February 2, 200,000 won in arrears from February 8, 2016 to the completion date of delivery of the building of this case.

Therefore, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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