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(영문) 부산지방법원동부지원 2017.05.17 2016가단17349
건물명도등
Text

1. The defendant

(a) deliver the real estate listed in the separate sheet;

(b) As from October 29, 2016, KRW 1,390,00 and above.

Reasons

1. Facts of recognition;

A. On August 19, 2014, the Defendant entered into a lease agreement with the Plaintiff to lease the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant apartment”) with the term of KRW 10,000,000 per lease deposit, KRW 670,00 per month for rent, KRW 29,00 per month for rent payment, and the term of the lease from August 29, 2014 to August 28, 2016 (hereinafter “instant lease agreement”).

B. The Defendant paid 10,000,000 won to the Plaintiff around the date of entering into the instant lease agreement, and around that time, received the instant apartment and used it until now.

C. However, the Defendant paid only the rent up to May 28, 2015, and did not pay any subsequent rent.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 6 (including each number in the case of additional number), the purport of the whole pleadings

2. According to the above findings of determination, since the lease contract of this case was terminated on August 28, 2016, the Defendant is obligated to deliver the apartment of this case to the Plaintiff upon its reinstatement. The Defendant is obligated to pay the Plaintiff the amount of 50,000 won in arrear (=10,050,000 won in arrear for 15 months from May 29, 2015 where the delinquency in rent occurred until August 28, 2016, which is the expiration date of the lease contract of this case - KRW 10,000,000 in arrears for 15 months from August 28, 2016 where the Plaintiff is entitled to deduction, from August 29, 2016 to October 28, 2016 to October 1, 200, 670,0000 won in arrears x the amount of the rent of this case’s unjust enrichment calculated on June 16, 2016.

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

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