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(영문) 부산지방법원 2020.11.24 2020가단303584
건물인도
Text

1. The Defendants are to the Plaintiff:

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

B. From September 14, 2019, the above real estate.

Reasons

1. Facts of recognition;

A. On July 25, 2019, the Plaintiff leased to E real estate listed in the attached list owned by the Plaintiff (hereinafter “instant apartment”) as lease deposit KRW 30,000,000, monthly rent of KRW 1,000,000 (payment in advance on August 14, 201), and the period from August 14, 2019 to August 13, 2021.

(hereinafter “instant lease agreement”). B.

Article 4 of the instant lease agreement provides, “If the lessee’s overdue overdue interest reaches the amount of three-dimensional rents, the lessor may immediately terminate the contract.”

C. On October 31, 2019, E paid only the rent for August 2019 to the Plaintiff and died on October 31, 2019, and E died. Defendant C and D, the spouse of E, and the Defendants are residing in the apartment of this case.

On December 16, 2019, the Plaintiff notified Defendant B of the termination of the contract pursuant to Article 4 of the instant lease agreement by means of content-certified mail, for at least three months, and the said termination notice reached Defendant B at that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the facts of the above recognition, the instant lease agreement was lawfully terminated on December 16, 2019, when the Plaintiff’s declaration of termination was delivered to Defendant B on the ground of the reason of delinquency in rent between the deceased E and the Defendants as their successors.

Therefore, the Defendants, who inherited the status of tenant with E’s heir, are obligated to deliver the instant apartment to the Plaintiff with the reinstatement following the termination of the lease.

In addition, the Defendants are obliged to occupy the instant apartment from September 14, 2019 to the date of the completion of delivery of the instant apartment from September 14, 2019 to the date of the completion of delivery of the apartment.

However, based on the time of delivery of the apartment of this case, the overdue rent and unjust enrichment equivalent to the rent from the date of the completion of delivery is reasonable.

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