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(영문) 부산지방법원 2015.09.16 2015가합3467

건물명도등

Text

1. The defendant

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

(b) from January 1, 2015, entry in the separate sheet is made.

Reasons

1. Basic facts

A. The pertinent Plaintiff is the owner and lessor of the real estate indicated in the attached list (hereinafter “instant real estate”). The Defendant is the lessee of the instant real estate.

B. On May 22, 2014, the Plaintiff purchased the instant real estate owned by the Defendant for KRW 22.3 billion (hereinafter “instant sales contract”) between the Defendant and the Plaintiff on May 22, 2014 (hereinafter “instant sales contract”).

(2) Upon entering into the instant sales contract, the Defendant agreed to pay each of the remainder KRW 670 million on May 22, 2014, and the remainder KRW 19.4 billion on July 7, 2014, respectively. (2) The Defendant paid each of the instant sales contract to the Plaintiff the down payment, intermediate payment, and remainder on each of the said payment dates pursuant to the instant sales contract, and completed the registration of ownership transfer for the instant real estate by the Busan District Court’s Northern District Court’s registration office No. 42125, Jul. 7, 2014, with respect to the Plaintiff as to the instant real estate as of May 22, 2014.

3) Meanwhile, while the Defendant sold the instant real estate to the Plaintiff, there is a need for time to relocate a factory located in the instant real estate, and thus, between the Plaintiff and the Plaintiff on July 15, 2014, the lease deposit of the instant real estate owned by the Plaintiff is KRW 400 million, 14 months from July 15, 2014 to September 30, 2015, and the lease term is 17.5% per annum from July 15, 2014 to September 15, 2014, and the amount equivalent to the interest of KRW 5.5% per annum on the 17.9 billion from September 15, 2014 (excluding additional tax) and the lease agreement is set as separate agreement (hereinafter “instant lease agreement”).

B. On the same day, the Plaintiff paid the lease deposit amount of KRW 400 million, and the instant real estate is still used and profit-making.

C. However, the Defendant did not pay the monthly rent from January 2015, and the Plaintiff did not pay the rent for three months on April 8, 2015.