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(영문) 부산지방법원 2016.04.26 2015가단235861
건물인도등
Text

1. The defendant shall be the plaintiff.

(a) the attached drawings 1, 2, 3, 4, 5, 6, among the two-storys of the real estate stated in the attached Form;

Reasons

1. The basic facts

On December 2, 2014, the Plaintiff leased to the Defendant at least 2,80,000 won (hereinafter “instant public notice televis”) monthly rent for the part 2,2,3,4, 5, 6, 7, 85 m2, 205 m20 (8m2, hereinafter “the instant public notice televis”) connected each of the items of 1, in sequence, and one year or more on the part of 2,000 won in the ship, which connected each of 2,000 m2.

(hereinafter “instant lease agreement”). B.

The defendant paid rent from August 2, 2015.

[Reasons for Recognition] Facts that there is no dispute between the parties, entry of Gap 1 to 5 evidence (including paper numbers), the purport of the whole pleadings

2. Determination

A. The Plaintiff asserts that “The Defendant did not pay rent for more than two months, and thus the instant lease contract shall be terminated as a duplicate service of the head of the instant complaint.” As long as the Defendant did not pay the rent, barring special circumstances, the instant lease contract was terminated on October 28, 2015, which is the date of delivery of the copy of the complaint of this case. Therefore, the Defendant is obligated to deliver the instant public notice to the Plaintiff, and pay the Plaintiff money at the rate of KRW 280,000 per month as unjust enrichment equivalent to the rent or the rent from August 2, 2015 to the date of completion of delivery.

B. The defendant did not issue a receipt for the rent that the plaintiff had already received, and forced the defendant to take off the party room, thereby threatening the defendant, impairing the defendant's honor, and instigated the defendant to make a false statement to the administrator. Since the defendant had the defendant returned the written decision dismissing the appeal petition in the case where the plaintiff filed a criminal complaint against the non-party Chysium, he could not respond to the plaintiff's claim since he filed a claim for damages against the plaintiff as the court 2016Ga2420. However, even if the defendant's claim was alleged, it can be said that there is a justifiable reason for the refusal of the payment of rent.

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