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(영문) 부산지방법원서부지원 2019.02.14 2018가합100781 (1)
건물명도(인도)
Text

1. The defendant is against the plaintiffs:

(a) deliver all the first floor of the real estate listed in the separate sheet;

(b) 139,729,160 won and ;

Reasons

1. Facts of recognition;

A. The Plaintiffs are co-owners of real estate listed in the separate sheet that acquired the ownership of real estate listed in the separate sheet on August 17, 2016.

(E) 9/20 of the share of the plaintiff A, 4/20 of the share of the plaintiff B, and 7/20 of the share of the plaintiff C.

On September 29, 2016, the Plaintiffs entered into a lease agreement with the Defendant to lease all the first floor (hereinafter “instant lease agreement”) out of the real estate indicated in the attached Table (hereinafter “instant real estate”) with the term of lease from August 17, 2016 to August 18, 2017, with the term of lease from August 17, 2016, with the lease deposit amount of KRW 20,000,000, monthly rent of KRW 7,500,000 (excluding value-added tax), and monthly management expenses of KRW 1,00,000.

C. Meanwhile, the Defendant, upon receiving the instant real estate from the Plaintiffs and operating the store with the trade name “E”, did not delay the amount of KRW 159,729,160 (=148,487,210 management expenses, electricity tax, and water tax arrears amounting to KRW 11,241,950) by November 30, 2018.

The defendant continues to occupy the real estate of this case after December 1, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 4 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant did not pay for more than three occasions, and for the same reason, the fact that the copy of the complaint of this case, which states the plaintiffs' intent to terminate the lease contract of this case, was delivered to the defendant on March 29, 2018, is clear, and thus the lease contract of this case was terminated. Nevertheless, the defendant continuously occupied the real estate of this case and without any legal cause, gains unjust enrichment of the aggregate amount of KRW 9,250,00 (= KRW 8,250,000 (including value-added tax) monthly rent and management fee of KRW 1,000 (including value-added tax) monthly rent and management fee of KRW 8,250,000). Thus, the defendant is against the plaintiffs.

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