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(영문) 부산지방법원동부지원 2016.03.30 2015가단20744

건물인도

Text

1. From 20,130,000 to 26, 200 won, the Defendant shall deliver the real estate listed in the separate sheet from July 26, 2015 to the completion date of delivery.

Reasons

1. Facts of recognition;

A. On May 27, 2015, the Plaintiff leased the real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant with the lease deposit KRW 20,00,000, KRW 1,700,000 per month of rent, and the lease term from June 26, 2015 to June 25, 2016, the Plaintiff separately paid the additional tax on monthly rent, and provided that the Plaintiff may immediately terminate the contract if the Defendant is in arrears with two or more vehicles.

(hereinafter “instant lease agreement”). B.

The Plaintiff delivered the instant real estate to the Defendant in accordance with the instant lease agreement.

C. The Defendant paid KRW 2,00,000 to the Plaintiff around May 27, 2015, KRW 5,000,000, around July 6, 2015, and KRW 5,000,000 to the Plaintiff around July 11, 2015, and around July 31, 2015, the Defendant paid KRW 10,000,000 under the name of the deposit and sealed rent.

The defendant did not pay the rent from July 2015.

E. The Defendant was served on November 30, 2015 on the instant complaint containing the purport that the lease contract for the instant real estate is terminated on the grounds of the delinquency in payment of two or more rents.

[Grounds for recognition] The items of evidence Nos. 2 and 5, and the purport of the whole pleadings

2. Summary of the parties' arguments;

A. The Plaintiff’s assertion was rejected since July 2015.

The Plaintiff terminated the instant lease agreement by serving a copy of the complaint on November 11, 2015.

Therefore, as a result, the defendant is obligated to deliver the above real estate at the same time with payment of the remaining money calculated by deducting the amount calculated by the rate of KRW 1,870,00 per month from July 26, 2015 to the completion date of delivery of the above real estate from KRW 200,000 ( KRW 20,000,000 + KRW 10,000,000 which was paid around July 31, 2015) that was appropriated for the deposit from KRW 10,000,000, which was paid around July 31, 2015.

B. The defendant's claim is not clear, and the claim can be complied with.