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(영문) 부산지방법원 2014.06.12 2013가합10867

건물인도 등

Text

1. On the Plaintiff (Counterclaim Defendant),

A. Defendant B shall deliver (1) the real estate listed in paragraph 1 of the attached Table, and (2) 160,000 won.

Reasons

The principal lawsuit and counterclaim shall also be deemed to have been filed.

1. Basic facts

A. (1) On October 5, 201, the Plaintiff, upon entering into a lease agreement, leased real estate listed in attached Table 1 (hereinafter “instant real estate”) to Defendant B as of October 5, 201 by setting the lease deposit of KRW 20 million, monthly rent of KRW 2280,000 (prepaid 5,000), and the lease period from October 5, 201 to October 4, 2013, and then handed over the instant real estate to Defendant B.

(2) On April 6, 2011, the Plaintiff leased each real estate listed in Articles 2 and 3 of the [Attachment List 2 and 3 (hereinafter “instant real estate”) to Defendant C by setting the lease deposit of KRW 30 million, monthly rent of KRW 30 million, and the lease period from April 30, 201 to April 29, 2013, and then delivered the instant 2 and 3 real estate to Defendant C.

B. (1) At the time of the conclusion of the said lease agreement, Defendant B paid KRW 1 million to the Plaintiff, out of KRW 20 million as the lease deposit, and thereafter, Defendant B paid the Plaintiff KRW 62 million on April 10, 2012, KRW 7.5 million on July 10, 2012, KRW 250 million on September 9, 2012, KRW 500,000 on March 6, 2013, KRW 500,000 on July 9, 2013, KRW 250,000 on August 5, 2013, KRW 200,000 on August 5, 2013, KRW 2500 on September 9, 2013, KRW 2500,000 on October 15, 2013.

On April 10, 2012, the Plaintiff and Defendant B entered into a lease agreement with the Plaintiff and Defendant B, which entered into on November 5, 2011, the lease deposit amount of KRW 62 million paid on April 10, 201, the remainder of the lease deposit amount of this case, KRW 19 million between the Plaintiff and the Plaintiff, the spouse of the Plaintiff, D, and Defendant B, which entered into on November 5, 2011, on November 5, 2011, with respect to the lease deposit amount of KRW 20 million,00,000,000 and KRW 2.190,000,000,000 per month on the second floor of the ground steel frame located in Gangseo-gu Busan Metropolitan City E-gu, Busan.

A lease deposit amount of KRW 20,000,000 under the lease contract of this case, and the amount of KRW 1,368,00 in arrears under the lease contract of this case [The amount of KRW 2.28,00,000 for the monthly rent from October 5, 201 to April 4, 201] and KRW 10,950,000 for the overdue rent between D and the Defendant (=the monthly rent of KRW 2.19,000 x 5 months (= from November 5, 201 to April 4, 2012)] were to be substituted for each payment of KRW 24,630,000,00 for each payment.

(2) Defendant.