(영문) 부산지방법원 2019.04.17 2018나54637

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(영문) 부산지방법원 2019.04.17 2018나54637

건물명도(인도)

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

Facts of recognition

On March 12, 2017, the Plaintiff leased real estate listed in the attached list owned by the Plaintiff (hereinafter referred to as “instant real estate”) to the Defendant by setting the lease deposit amount of KRW 10,000,000, monthly rent of KRW 800,000, and the lease period from March 12, 2017 to March 12, 2019.

(hereinafter “instant lease agreement”). The Defendant paid three times a vehicle by May 12, 2017, but did not pay the vehicle during the subsequent period, and the full amount of the deposit was deducted on June 26, 2018.

The Defendant occupied and used the instant real estate until before the date of closing argument in the trial room.

[Ground of recognition] Fact-finding without dispute, Gap 1 through 4 evidence (including a branch number if there is a serial number) and the purport of the whole pleadings are acknowledged as above. Since the lease contract of this case was lawfully terminated by the delivery of the complaint of this case including the plaintiff's declaration of termination on the ground of the defendant's failure to pay rent for more than two years, the defendant is obligated to deliver the real estate of this case to the plaintiff, and to pay the money calculated by the rate of KRW 800,000 per month, which is the amount equivalent to the damages or unjust enrichment, from June 26, 2018 to the completion date of delivery of the above real estate as requested by the plaintiff.

3. In conclusion, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed. It is so decided as per Disposition.

[Defendant asserts that in light of litigation relations, the Plaintiff shall bear all the costs of lawsuit in the first instance and the party’s trial. A judgment on the costs of lawsuit may not be independently appealed (Article 391 of the Civil Procedure Act), and any objection to a judgment on the costs of lawsuit may be permitted only when the whole or part of an appeal on the judgment on the merits is with merit, and may not be permitted in the event that an appeal on the merits is groundless (see, e

참조조문

-민사소송법 제391조

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