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(영문) 부산지방법원동부지원 2014.12.12 2014가단202792
임대차보증금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 29, 2012, the Defendant entered into a lease agreement with the Plaintiff, setting the rental deposit of KRW 50,000,000,000 for Busan Shipping Daegu 102 Dong 2001 (hereinafter “instant real estate”) and the contract period of KRW 2,50,000 for the rent month (Additional tax of KRW 10% separate), from September 7, 2012 to September 6, 2014, and the Plaintiff paid KRW 50,000,000 to the Defendant on September 7, 2012.

B. The Plaintiff did not pay the rent after October 2012.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 5, Eul evidence 1 (including each number in case of a tentative number), the purport of the whole pleadings

2. Although the Plaintiff, as a lessor, was obligated to allow the Defendant to use and benefit from the leased object as a lessor, the Plaintiff failed to use and benefit from the instant real estate due to the unlawful infringement of his/her possession from October 2012, and thus, the Plaintiff’s contract was terminated by notification of termination of contract on January 16, 2014, and the Defendant was obligated to refund the lease deposit to the Plaintiff. As such, it is insufficient to acknowledge the fact that the Plaintiff was unable to use and benefit from the instant real estate due to the Plaintiff’s nonperformance of the obligation to allow the Plaintiff to use and benefit from the leased object as a lessor, and there is no other evidence to acknowledge it. Therefore, the Plaintiff’s above assertion is without merit.

3. If so, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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