(영문) 부산지방법원 2016.02.05 2015가단233728

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(영문) 부산지방법원 2016.02.05 2015가단233728

건물명도

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1. The Defendant delivers two floors among the buildings listed in the attached list to the Plaintiff, and delivers the said building from May 15, 2015.

Reasons

1. Basic facts

A. On August 11, 2014, the Plaintiff entered into a lease agreement with the Defendant on a lease deposit of KRW 5 million, monthly rent of KRW 550,000,000, and two years for the lease term (hereinafter “instant lease agreement”) with respect to the building of KRW 49.59 square meters on the second floor among the buildings listed in the attached Table list (hereinafter “instant building”), and agreed that the Defendant shall pay KRW 10,000 per month for the water supply cost, and the monthly rent shall be paid from September 15, 2014.

Since then, the defendant paid the above lease deposit to the plaintiff, and has occupied and used the building of this case until now.

B. The Defendant did not pay rent and water supply cost from May 15, 2015.

C. On October 12, 2015, the instant complaint, including the purport that the Plaintiff terminated the instant lease agreement on the grounds of the Defendant’s delinquency in rent, was served on the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the facts of the above recognition, the instant lease agreement was lawfully terminated on October 12, 2015 according to the Plaintiff’s notice of termination on the grounds of the Defendant’s delinquency in rent.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff and pay the Plaintiff the rent or unjust enrichment equivalent to the rent, calculated by the ratio of 560,000 won per month from May 15, 2015 to the completion date of delivery of the said building ( = 550,000 won per annum).

3. In conclusion, the plaintiff's claim of this case shall be accepted on the grounds of its reasoning. However, the costs of lawsuit shall be borne respectively by the plaintiff and the defendant in consideration of the dispute and the progress of the lawsuit, etc.

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