토지인도
1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff's claim corresponding to the above revocation part.
1. Facts of recognition;
A. In around 200, the Plaintiff leased the second floor (the first floor) of the building owned by the Plaintiff on the ground of Busan Dong-gu C in Busan (the Plaintiff’s residence) to the Defendant in KRW 35,000,000.
Since the Defendant is not an opportunity to pay the lease deposit, the Plaintiff was granted a loan of KRW 35,00,000 on March 19, 2001 at the Dong-dong branch of the National Bank of Korea, and KRW 26,000,000 on September 6, 2001, and returned the lease deposit to the previous lessee at KRW 35,00,000 among them. In lieu of the lease deposit, the Defendant agreed to repay the Plaintiff’s above loan amount of KRW 35,00,000 on behalf of the Plaintiff (hereinafter “the repayment agreement”).
B. On the other hand, on November 16, 200, D, the Plaintiff’s wife, set a maturity of KRW 10,000,00 to the Defendant on April 16, 2001, and leased KRW 300,000 per interest month, and the Defendant received KRW 1-3-1 and No. 6-3-1 of the loan certificate No. 6, and thereafter, after settling an agreement on the refund of loans between the Plaintiff and the Defendant, it received three copies from the Defendant on February 26, 2003, as follows.
No. 2, No. 6-2, No. 3-2, No. 3-2 of the loan certificate No. 6-2, D made a loan to the Defendant on the security of the real estate D on August 6, 2001. However, if the Defendant did not pay KRW 35,00,000 to the Defendant, the deposit money shall not be paid to the Defendant.
Due date: The loan certificate No. 6-3 of the loan certificate No. 3 of April 5, 2007, Eul-3 of the loan certificate No. 3 of the loan certificate No. 16,000,000 (including interest): the due date of repayment of the loan certificate No. 4 of October 16, 2004; the loan certificate No. 6-4 of the loan certificate No. 6-4 of the loan certificate No. 4 of the loan certificate No. 19,000,000 (including interest) and the method of repayment: the defendant pays the loan card price of D for a period from April 15, 2003 to 48 months:
C. Since June 4, 2012, the Plaintiff sought payment of the name and rent of the above building to the Defendant for the reason that the lease was terminated due to the Defendant’s nonperformance of the obligation to pay the rent.