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(영문) 부산지방법원 2016.12.22 2016가단27432
건물명도
Text

1.(a)

From 18,600,000 won to 18,600 won, the defendant shall draw up the attached Form among the real estate listed in the attached list from September 17, 2016.

Reasons

1. Basic facts

A. On August 17, 2010, C, among the real estate listed in the attached list, leased (hereinafter “instant lease agreement”) a lease deposit of KRW 23 million, lease deposit of KRW 23 million, 24 months, and monthly rent of KRW 450,000 (hereinafter “the instant real estate”) with the Defendant as indicated in the attached list 1, 2, 3, 44, and 39.6 square meters inboard (a) connected each point in sequence 1, 2, 400,000 won among the real estate listed in the attached list (hereinafter “instant real estate”).

B. The Defendant paid to the Plaintiff KRW 20 million a deposit for lease deposit under the instant lease agreement, and occupied and used the instant real estate.

(The lease deposit is stipulated as KRW 23 million in the instant lease contract, but the deposit actually paid is KRW 20 million).

On January 7, 2016, the Plaintiff completed the registration of ownership transfer on the instant real estate, and acquired ownership and succeeded to the lessor’s status of the instant lease agreement.

On January 2013, the Defendant did not pay the monthly rent of KRW 700,000 and KRW 1,400,000 in total, monthly rent of KRW 700,000. From September 17, 2016, the Defendant did not pay the monthly rent of KRW 1,40,000.

E. On March 7, 2016, the Plaintiff notified the Defendant of the termination due to the termination of the instant lease agreement term by content-certified mail, and the Plaintiff terminated the instant lease agreement on the grounds of the instant complaint’s delinquency in paying two or more rents, and sought delivery of the instant real estate.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4 (including additional number), the purport of the whole pleadings

2. Determination

A. According to the above facts, the lease contract of this case was terminated as a duplicate of the complaint of this case stating the plaintiff's declaration of intention of termination on the ground of not less than two years of delinquency in rent.

Unless there are special circumstances, the defendant delivers the real estate of this case to the plaintiff, and the rent calculated by the rate of KRW 1.4 million per month from September 17, 2016 and KRW 700,000 per month from September 17, 2016 to the delivery date of the real estate of this case.

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