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(영문) 부산지방법원 2014.12.16 2014가단55198
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

(b)payment of KRW 1,800,000;

C. July 2014

Reasons

Comprehensively taking account of the overall purport of the arguments as indicated in the evidence Nos. 1 and 2, the following facts are acknowledged: (a) on March 10, 2012, B leased buildings listed in the separate sheet (hereinafter “instant building”) to the Defendant on the monthly rent of KRW 300,000,000 from March 12, 2012 to March 11, 2014; (b) the Plaintiff purchased the instant building from B on May 24, 2013; (c) the Defendant did not pay rent after January 2014; and (d) on the grounds that the Defendant was delayed from January 1, 2014, the Plaintiff notified the Defendant that the instant lease was terminated.

According to the above facts, since the lease contract of this case was lawfully terminated by the plaintiff's declaration of termination on July 1, 2014 on the grounds of delay in rent of at least two months by the defendant, the defendant is obligated to deliver the building of this case to the plaintiff who succeeded to the lessor's status, and as the plaintiff seeks, to return the unjust enrichment equivalent to the monthly rent of 1.8 million won ( = 300,00 won x 6 months) and the monthly rent of 1.8 million won (=6 months x 300,000 won) that occurred during six months from January 2014 to June 2014 and from July 1, 2014 to the completion date of delivery of the building of this case.

The plaintiff's claim of this case is justified and it is so decided as per Disposition.

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