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(영문) 부산지방법원 2017.05.11 2016가단59514
건물명도
Text

1. The defendant shall receive KRW 20,000,000 from the plaintiff and at the same time shall be attached to the second floor of the building as stated in the attached Table from the plaintiff.

Reasons

1. On August 30, 2006, the Plaintiff leased the real estate listed in Paragraph (1) of the main text of the disposition (hereinafter “instant house”) to the Defendant (hereinafter “instant lease agreement”) (hereinafter “instant room”). The instant lease agreement was implicitly renewed by 2016 without modification of the terms and conditions of the contract, and the Plaintiff notified the Defendant of his intention to terminate the instant lease agreement on July 6, 2016 may be acknowledged by either the dispute between the parties or the entry (including the number of pages; hereinafter the same shall apply) in the evidence Nos. 1 through 3.

2. The plaintiff asserts that the lease deposit under the lease contract of this case is KRW 2,00,000, and since the lease contract of this case was lawfully terminated by the plaintiff's notice of termination after the expiration of the term, the defendant is obligated to deliver the room of this case to the plaintiff. On the other hand, the defendant asserts that the lease deposit under the lease contract of this case is KRW 20,000,000, and refuses to refund it. Thus, the plaintiff cannot accept his claim before receiving the refund of the lease deposit amount of KRW 20,000,000.

3. Determination

A. The column of the instant lease agreement (No. 1) states “2,00,000 won” as “the lease agreement (certificate No. 1)”, and the Defendant does not dispute the fact that it signed and sealed the lessee’s column of the instant lease agreement.

As long as the authenticity of a disposal document is recognized, the court shall recognize the existence and content of the expression of intent in accordance with the content of the document unless there is any counter-proof, and shall not reject it without any reasonable reasoning, but it shall be reasonable to see that there exists any counter-proof or the content stated in the document is contrary to the objective truth.

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