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(영문) 부산지방법원 2019.03.28 2018가단323257
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

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

B. From May 8, 2018, the above real estate.

Reasons

1. Facts of recognition;

A. On January 29, 2015, the Plaintiff leased, from March 8, 2015 to March 8, 2017, real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant at KRW 10,000,000, monthly rent, and the said lease agreement was explicitly renewed.

B. Following the failure of the Defendant to pay the monthly rent more than twice, the Plaintiff sent to the Defendant a document evidencing the termination of the above lease agreement on April 3, 2018 and July 2, 2018, and served the Defendant at that time.

C. Meanwhile, around September 1, 2018, the Defendant paid part of the monthly rent in arrears to the Plaintiff, and finally, was in arrears from May 8, 2018.

[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 lease contract between the plaintiff and the defendant was lawfully terminated.

Therefore, the defendant is obligated to deliver the real estate of this case to the plaintiff and pay the money calculated by the ratio of KRW 530,000 per month from May 8, 2018 to the completion date of delivery of the real estate of this case.

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

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