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(영문) 부산지방법원 2017.09.19 2016가단28534

건물인도 등

Text

1. From 10,36,380 won to 10,380 won from the Plaintiff, the Defendant indicated the attached drawing among the real estate listed in the attached list from August 21, 2016.

Reasons

Basic Facts

On April 18, 2008, the Plaintiff entered into a lease agreement with the Defendant, and the Plaintiff entered into between April 2008 and April 19, 2010, under which the lease deposit amount is KRW 30,00,000, and KRW 420,000 (payment on April 20, 200), and the lease term is from April 20, 2008 to April 19, 201, the Plaintiff transferred the instant real estate to the Defendant and paid the said deposit to the Plaintiff. Around that time, the Plaintiff paid the said deposit to the Plaintiff.

As the Defendant did not pay the rent under the above lease agreement, the Plaintiff filed a lawsuit against the Defendant on September 6, 201 against the Busan District Court 201Kadan95614 seeking the delivery of the instant real estate and the overdue rent, etc.

In the process of the lawsuit above, the Plaintiff and the Defendant paid to the Plaintiff the sum of KRW 20,284,000, including overdue rent, up to January 20, 2012, and the Defendant paid KRW 400,000 on January 20, 2012 each month from January 201 to January 26, 2012 (hereinafter “instant compulsory adjustment decision”), and the Defendant paid the Plaintiff the said KRW 20,284,000 on January 26, 2012.

In accordance with the instant compulsory adjustment decision, the Plaintiff newly concluded a lease agreement with the Defendant on December 20, 2012, with the content that the lease deposit for the instant real estate was KRW 30,000,000, the lease term was from December 20, 201 to December 20, 201, the rent was KRW 400,000 per month (payment on December 20, 201), and the management fee was KRW 30,000 per month to be leased to the Defendant.

(hereinafter “instant lease agreement.” The Defendant did not pay all the rent and management expenses as stipulated in the instant compulsory adjustment decision and the instant lease agreement, and the Plaintiff’s delivery of a copy of the instant complaint to the Defendant on the ground of delinquency in rent.