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(영문) 부산지방법원동부지원 2016.04.21 2015가단213140

건물명도

Text

1. The defendant shall be the plaintiff.

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

(b) real estate listed in the separate sheet;

Reasons

1. Basic facts

A. On December 5, 2011, the Plaintiff leased real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant as KRW 100,000,000,000, and the term of lease from December 6, 2011 to December 5, 2013.

B. In the instant real estate, the Defendant’s claim for the return of the lease deposit against the Plaintiff was made as the secured claim and the registration of the establishment of chonsegwon (hereinafter “registration of the right to lease on a deposit basis”) completed on December 3, 2009 with the Busan District Court’s branch branch’s registration and completed on December 3, 2009.

C. The Defendant did not pay the rent from November 6, 2013, and the Plaintiff notified the Defendant of the termination of the said lease agreement on the ground of the delayed rent around April 11, 2014.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including branch numbers, hereinafter the same shall apply)

2. According to the above facts finding as to the cause of the claim, the Defendant shall deliver the instant real estate to the Plaintiff, and since the said deposit was fully deducted from the rent in arrears as follows, the registration procedure for cancellation of the instant chonsegwon is implemented on the ground of non-existence of secured debt. From November 6, 2013 to September 5, 2015, the Defendant is obligated to pay 21,000,000 won calculated by deducting deposit deposit of KRW 100,000,000 from deposit of KRW 121,50,000,000, and from September 6, 2015 to September 5, 2015, the amount equivalent to the rent calculated at the rate of KRW 5,50,000 per month from September 6, 2015.

3. The defendant's assertion asserts that the defendant should deduct the long-term repair appropriations for the real estate of this case paid during the term of lease from the overdue rent.

In full view of the purport of the argument in the statement No. 1 of Eul, it is recognized that the defendant paid the total amount of KRW 8,081,024 of the long-term repair appropriations concerning the real estate of this case from December 2009 to November 15, 2015, and the above long-term repair appropriations.