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(영문) 부산지방법원 2020.07.10 2020가단304464
건물인도
Text

1. The defendant is paid KRW 20,000,000 from the plaintiffs, and at the same time real estate stated in the attached list to the plaintiffs.

Reasons

1. According to each of the evidence of this case, the plaintiffs concluded a lease contract (hereinafter referred to as "the lease contract of this case") with the defendant on January 29, 2019, setting the lease deposit amount of KRW 20,000,000, monthly rent of KRW 950,000 ( separate rate of KRW 100,000,000, monthly rent of KRW 17,000, monthly rent of the real estate listed in the separate sheet (hereinafter referred to as "the real estate of this case"), from December 17, 2018 to December 16, 2020. The lease contract of this case is terminated because the plaintiffs did not pay rent for four months on September 17, 2019 to the defendant.

Inasmuch as it can be recognized that “the instant lease contract was terminated,” it can be said that the instant lease contract was terminated.

Therefore, at the same time, the Defendant received 20,000,000 won of the lease deposit of this case from the Plaintiffs, and at the same time delivered the instant real estate to the Plaintiffs, and upon the Plaintiff’s request, there is a duty to pay the amount of unjust enrichment equivalent to the rent calculated at the rate of KRW 1,145,000 per month from May 17, 2020 to the completion date of delivery of the instant real estate (the rent of KRW 950,000, KRW 100,000 for the management fee of KRW 95,000).

2. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.

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