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1. The defendant shall not be less than 108.39 square meters for the second floor of the block and brick sloping roof of the Busan Shipping Daegu C building in Busan, but not more than 2 floors for the plaintiff.
Reasons
1. Basic facts
가. 원고는 2012. 10. 28.경 부산 해운대구 C 주택 건물의 1층 중 별지 도면 표시 ㄴ,ㄷ,ㄹ,ㅁ,ㅂ,ㅊ,ㅋ,ㅌ,ㅍ,ㄴ을 순차 연결한 부분 약 45㎡ 부분(이하 ’이 사건 건물‘이라 한다.)을 보증금 500만 원, 월 차임 30만 원에 피고에게 임대하였고, 피고는 같은 해 10.초순경 가계약금 5만 원, 같은 해 10. 28. 45만 원, 같은 해 11. 28. 400만 원, 같은 해 12. 6. 50만 원을 입금함으로써 보증금을 전액 지급하였다.
B. The Defendant began to possess the instant building as of October 1, 2013, and completed a move-in report on November 8, 2013, and did not pay the rent after the conclusion of the instant lease contract.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 8, Eul evidence 1 to 8 (including branch numbers), the purport of the whole pleadings
2. According to the above facts, the term of the instant lease contract was commenced from October 28, 2012, in which the contract was prepared. Since the Defendant did not pay more than two vehicles after the conclusion of the instant lease contract, the Plaintiff may terminate the instant lease contract pursuant to Article 640 of the Civil Act. Therefore, it is reasonable to deem that the instant lease contract was terminated by the Plaintiff’s declaration of termination of the lease contract upon delivery of a copy of the complaint of the instant case. Thus, barring any special circumstance, the Defendant is obliged to deliver the instant building to the Plaintiff, and pay the unpaid rent and the unpaid rent to the Plaintiff for unjust enrichment from the date of delivery of the instant building.
In this regard, the Defendant entered into the name of real estate under the instant lease agreement as of November 30, 2014. This is the Plaintiff’s preferential payment of the deposit money and the Defendant agreed to move into the housing after receiving the deposit money, and the lease period is indefinite. The Plaintiff requested that the Plaintiff move into the housing around September 1, 2013 and possessed the housing from October 1 of the same year.