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(영문) 창원지방법원 2020.02.06 2019가단122489
건물명도등
Text

1. The defendant shall be the plaintiff.

(a) Attached 2 drawings out of 107.3 square meters (two households) on the two-storys of real estate listed in attached Table 1, (1), (2), (3).

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the real estate listed in the attached Table 1.

B. Around May 5, 2016, the Plaintiff entered into a lease agreement with the Defendant on a deposit of KRW 3 million, KRW 260,000,00,00,00,00,000, and from May 5, 2016, on the part of KRW 26.45,000 (hereinafter “instant subparagraph”) with respect to the portion of KRW 26.45,00,00,000,000,000,000,000,000,000,000,000,000,000,000,000

(hereinafter “instant lease agreement”). C.

The instant lease agreement was implicitly renewed, and the Defendant did not pay the rent from October 11, 2017.

On July 19, 2019, the Plaintiff paid to the Defendant the overdue charge for the termination of the instant lease agreement on the ground of the overdue charge of rent, and notified the Defendant by content-certified mail that he/she would deliver the instant title C.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. Determination

A. According to the facts of the judgment on the grounds of the claim, the instant lease was terminated on the grounds of the Defendant’s delinquency in rent.

In the absence of special circumstances, the Defendant is obligated to deliver the instant Category C to the Plaintiff, and to pay the Plaintiff the overdue rent or unjust enrichment equivalent to the rent in arrears calculated at the rate of KRW 260,000 per month from October 11, 2017 to the completion date of the delivery of the instant subparagraph C.

B. The defendant's assertion is asserted to the purport that the defendant had justifiable grounds for the failure to pay the rent, since the defendant continued to intrude the subparagraph C of this case and caused harm to the defendant, and thus, did not pay the rent.

However, the documents submitted by the defendant alone are insufficient to recognize them, and there is no other evidence to acknowledge them, and the defendant's assertion is not accepted.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition with the assent of all participating Justices.

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