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(영문) 부산지방법원 동부지원 2018.12.12 2018가단220453
건물명도 등
Text

1. The Defendants jointly do so to the Plaintiff:

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

(b) KRW 48,346,00 and September 2018.

Reasons

1. Indication of claim;

A. On July 21, 2015, the Plaintiff entered into a lease agreement with the Defendants on the real estate listed in the separate sheet (hereinafter “instant building”) owned by the Plaintiff (hereinafter “instant lease agreement”) with the lease deposit amounting to KRW 50 million, KRW 4 million per month, KRW 7 million per month (excluding value added tax, and KRW 700,000,000 per month), and from August 1, 2015 to KRW 24 months (hereinafter “instant lease agreement”).

B. Around that time, the Defendants occupied and used the instant building by being handed over from the Plaintiff, but did not pay to the Plaintiff the remainder after paying to the Plaintiff the sum of KRW 64,454,000 (i.e., the amount remitted to the account KRW 60,290,000, which was paid with the corporate card of KRW 60,290,000) from August 20, 2015 to August 22, 2018.

C. On December 27, 2017, the Plaintiff sent to the Defendants a peremptory notice stating the intent to terminate the instant lease agreement on the grounds of the delinquency in rent.

Therefore, inasmuch as the instant lease agreement has been terminated lawfully, the Defendants are jointly obligated to deliver the instant building to the Plaintiff, and the Defendants are jointly obligated to pay the amount of KRW 48,346,00 (including value-added tax) equivalent to the unpaid rent or rent from August 31, 2018, prior to the Plaintiff’s filing of the instant lawsuit (i.e., KRW 162,80,000) to August 31, 2018 x 37 months x total rent for 37 months from August 1, 2015 to August 31, 2018 - lease deposit 64,454,000 - lease deposit 50,000,0000 won - from September 1, 2018 to the completion date of the instant building.

2. Judgment without any applicable provisions of Acts (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

3. Partial dismissal (the portion of a claim for unjust enrichment equivalent to the rent from October 7, 2017 to August 31, 2018) sought payment of KRW 48,346,00, which was unpaid as of August 31, 2018, and sought payment of the rent equivalent to the rent from October 7, 2017 to the completion date of delivery of the building in this case.

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