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(영문) 부산지방법원 2013.12.10 2012가단104577

건물인도등

Text

1. On the Plaintiff (Counterclaim Defendant),

A. From September 1, 2013 to September 1, 2013, the Defendant (Counterclaim Plaintiff) indicated in the separate sheet from KRW 9,161,60.

Reasons

1. Facts of recognition;

A. On March 23, 2011, the Plaintiff entered into a lease agreement between the Plaintiff, Defendant B, and C with regard to each of the real estate listed in the separate sheet (hereinafter “instant real estate” and “the entire building of this case”) as follows: (a) on March 23, 201, the Plaintiff entered into a lease agreement with Defendant B and C, with regard to each of the following terms:

(hereinafter collectively referred to as “instant lease agreement”). B

B. In the event that Defendant B and C’s delinquency in rent and the Plaintiff’s termination of the instant lease agreement are three or more times in arrears, the lessor may terminate the lease agreement.

Defendant B and C did not pay rent more than three times under the instant lease agreement, and the Plaintiff expressed his intention to terminate the instant lease agreement through the delivery of a duplicate of the complaint in the instant case.

(The service date of the complaint shall be prior to the expiration of the lease contract of this case on January 8, 2013).

Defendant D, who occupies the instant real estate, currently manages and occupies the foregoing in the instant real estate.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, the purport of the whole pleadings

2. Judgment on the principal lawsuit

A. According to the foregoing, prior to the termination of the instant lease agreement, the instant lease agreement was lawfully terminated by the Plaintiff’s declaration of intent to terminate the instant lease agreement on January 8, 2013.

At the same time, Defendant B and C receive the remainder after deducting overdue rent and management expenses from the lease deposit of this case from the Plaintiff, and the Defendants have the duty to deliver the instant real estate to the Plaintiff.

B. The Plaintiff asserts that the amount of money of the items as set forth in the following subparagraphs should be deducted in 1/2 each from each lease deposit of the Defendants.

The plaintiff's assertion on the following amounts is with merit:

(1) The lease term under the instant lease agreement is extended on January 201.