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(영문) 부산지방법원동부지원 2016.01.20 2015가단9099
건물명도
Text

1. The defendant shall be the plaintiff.

(a) order the real estate listed in the separate sheet;

(b) 3,450,000 won and from May 1, 2015.

Reasons

1. Basic facts

A. On October 2012, the Plaintiff entered into a lease agreement between the Defendant and the Defendant on the condition that the real estate listed in the separate sheet (hereinafter “instant building”) will be leased by setting the monthly rent of KRW 200,000 and the lease period of KRW 1 year (hereinafter “instant lease agreement”).

B. At that time, the defendant has been transferred the building of this case from the plaintiff and has been occupying and using it until now.

C. On April 30, 2015, the Defendant did not pay a total of KRW 6,900,000 in monthly rent as of April 30, 2015, and thereafter the monthly rent is not paid.

On May 14, 2015, the Plaintiff filed the instant lawsuit on May 14, 2015, stating the termination of the instant lease agreement on the grounds of the Defendant’s delinquency in the second period of rent, etc., and the duplicate of the instant complaint reached the Defendant on May 29, 2015.

E. The instant building shares one-half shares, respectively, by the Plaintiff and C.

[Reasons for Recognition] Unsatisfy, Gap evidence 1-1 and 2-2, the purport of the whole pleadings

2. According to the above facts of determination, the lease contract of this case was terminated by the delivery of a copy of the complaint of this case on the ground of the second-term arrears of the monthly rent.

Therefore, the defendant is an act of preserving jointly owned property and is obligated to order the plaintiff to return the building of this case to its original state upon termination of the lease agreement of this case.

Furthermore, the Defendant is obligated to pay to the Plaintiff the amount equivalent to 3,450,000 won for the portion of the Plaintiff’s 1/2 of overdue rent and unlawful gains equivalent to the amount of the rent in arrears (6,900,000 won per annum x 1/2) and the amount equivalent to 100,000 won per month from May 1, 2015 to the date of completion of the name limit of the instant building (monthly rent 200,000 x 1/2).

As an act of preserving jointly-owned property, the Plaintiff claims in full the amount of overdue rent and unjust enrichment equivalent to rent, each co-owner may demand delivery of the entire building as an act of preserving the property, but the return of unjust enrichment therefrom.

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