(영문) 대전지방법원 2017.10.31 2017나559 | 리걸엔진

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(영문) 대전지방법원 2017.10.31 2017나559

건물인도 등

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1. The judgment of the first instance, including the claims added at the trial, shall be modified as follows:

The defendant is against the plaintiff.

Reasons

1. Facts of recognition;

A. On July 10, 201, the Plaintiff leased the instant real estate amounting to KRW 10 million from E, the owner of the instant real estate.

B. On March 20, 2016, the Plaintiff: (a) leased the instant real estate to the Defendant (hereinafter “instant lease agreement”); (b) KRW 10 million from March 30, 2016 to June 29, 2017, the lease period of KRW 3.7 million from March 30, 2016 to June 29, 2017 (15 months); (c) upon entering into a contract, the Plaintiff paid the remainder of KRW 6.3 million to the Plaintiff on April 30, 2016 (hereinafter “instant lease agreement”); and (d) on March 30, 2016, the Defendant paid KRW 3.7 million from the said lease deposit to the Plaintiff and received the instant real estate from the Plaintiff.

C. However, the Defendant paid only rent from March 30, 2016 to April 29, 2016 to the Plaintiff, and did not pay the rent thereafter, and did not pay the remainder of the lease deposit to be paid on April 30, 2016.

On May 19, 2016, the Defendant sent to the Plaintiff a letter claiming that the vehicle is unpaid from the Plaintiff, stating that “the Plaintiff has been notified of the fact that the vehicle was not rent, etc...”

E. Meanwhile, based on the judgment of the first instance, which was declared provisionally on February 2, 2017, the Plaintiff received the instant real estate from Daejeon District Court 2017No197. On February 3, 2017, the Plaintiff paid on behalf of the Defendant KRW 343,520 in total with the electricity charge from April 2016 to November 201, 2017 on the instant real estate.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 7, 16, 17 (including additional numbers), the purport of the whole pleadings

2. Determination as to the claim for delivery of the instant real estate

A. According to the facts of the determination on the cause of the claim, the Defendant did not pay to the Plaintiff KRW 6,30,000,000 for the remainder of the lease deposit under the instant lease agreement until April 30, 2016, and paid the remainder of the lease deposit and the rent.

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