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(영문) 부산지방법원 2016.07.12 2016가단4521

건물인도

Text

1. On the Plaintiff (Counterclaim Defendant),

A. The Defendant (Counterclaim) jointly orders the real estate listed in the separate sheet.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. (1) Defendant B, the owner of the instant real estate on February 26, 2015, decided to reduce the amount of KRW 400,000 per month to KRW 5 million if the said Defendant paid the instant real estate deposit to the Plaintiff after June 2015, Defendant B, who was the owner of the instant real estate, to KRW 400,000,000,000 per month. However, the said Defendant did not additionally pay the said KRW 5 million to the Plaintiff. The period from March 3, 2015 to March 2, 2017 (hereinafter “instant lease”).

(2) Defendant C is the mother of Defendant B, and Defendant C occupies and uses the instant real estate after the instant lease agreement was concluded until the closing date of the argument.

B. After the instant lease agreement, Defendant B did not pay to the Plaintiff the sum of KRW 4,50,000 (i.e., KRW 450,000 per month x 9 months) from April 3, 2015 to January 2, 2016, the Plaintiff filed the instant lawsuit against the Defendants on January 25, 2016, and submitted a written complaint stating the intent to terminate the instant lease agreement on the ground of the delinquency in rent for at least two (2) months in the instant lawsuit against the Defendants, and the duplicate of the complaint was served on the said Defendant on February 2, 2016.

[Reasons for Recognition] Facts without dispute, Gap 1 to 3, Eul 1 (including a branch number), the purport of the whole pleadings

2. Determination on the main claim

A. According to the fact that the instant lease agreement was terminated, Defendant B did not pay the Plaintiff a total of KRW 4050,000 from April 3, 2015 to January 2, 2016, and the Plaintiff did not pay a total of at least two years from January 2, 2016, and the duplicate of the complaint stating the Plaintiff’s declaration of intent to terminate the instant lease agreement on the ground of rent arrears was delivered to the Defendant on February 2, 2016, and the instant lease agreement was terminated lawfully.

B. The duty to clarify the instant real estate.