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(영문) 부산지방법원 2016.08.09 2016가단19998
건물명도
Text

1. The defendant shall be the plaintiff.

(a) order 9 square meters for the second floor of the buildings listed in Attachment 2;

(b) from August 14, 2015.

Reasons

1. Basic facts

A. On September 13, 2013, the Defendant leased the second floor 9 square meters (hereinafter “instant building”) from the Plaintiff as the deposit amount of KRW 1 million, monthly rent of KRW 160,000,000, and the period from September 13, 2013 to 24 months from September 13, 2013.

B. On September 24, 2015, the Defendant sent to the Plaintiff a content-certified mail stating that “The Defendant shall order the Plaintiff to submit the instant building up to February 14, 2016, but if it is not possible to order the Plaintiff by the said deadline, a deposit of KRW 1 million shall be KRW 5 million per month, and KRW 160,000 per month shall be increased by KRW 200,000 per month,” and the said content-certified mail sent to the Plaintiff around that time.

C. At present, the defendant occupies and uses the building of this case.

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

2. Determination

A. According to the above facts finding as to the cause of the claim, the instant lease agreement is concluded upon the expiration of February 14, 2016, which is the life-proof mail sent by the Defendant to the Plaintiff, which is the expiration date, from September 12, 2015, or from February 14, 2016, which is the life-proof mail sent by the Defendant to the Plaintiff. As such, the Defendant ordered the Plaintiff to order the instant building, and as a result, the Defendant is obliged to pay the Plaintiff the amount equivalent to the rent or the rent from August 14, 2015 to the completion date of the name of the instant building, at the rate of KRW 1.60,00 per month, as claimed by the Plaintiff.

B. The defendant's assertion is alleged to the effect that after the lease contract of this case, the plaintiff spreads toxic chemicals to the building of this case, and thus, the plaintiff could not prepare food in the building of this case. The defendant cannot respond to the plaintiff's claim before receiving damages amounting to KRW 77 million from the plaintiff. However, it is not sufficient to recognize the above only the description or image of each of the items in Eul 1 through 8, and it is otherwise recognized.

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