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Reasons
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(영문) 창원지방법원밀양지원 2013.12.18 2012가단2530
건물명도등
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1. From 1,960,000 to 1,960,000 won, the Defendant shall deliver the real estate listed in the separate sheet 3 from June 1, 2013 to the completion date of delivery.

Reasons

1. Facts of recognition;

A. On May 30, 2010, the Defendant prepared a real estate lease agreement (hereinafter “instant lease”) with the Plaintiff, the owner of the real estate listed in the separate sheet No. 3 (hereinafter “instant real estate”) as follows, and paid the Plaintiff KRW 3,00,000 as part of the lease deposit, and thereafter, from around that time to the date of closing argument of the instant building.

"Real estate lease contract"

1. Two-story housing with real estate display: 157 square meters;

2. Electricity tax: 3,00,000 won (2) Monthly rent of 300,000 won.

3. The lease on a monthly basis shall be set at twenty-four months from the date on which the lease on a deposit basis has been made, while the lease on a deposit basis has been made to KRW 5,00,000,000, the lease on a deposit basis shall be settled after the lessee’s circumstances, but the legal interest on KRW 2,00,000 shall be added to the monthly rent

5. The lessor shall assist in preventing any problem in occupancy;

6. Unregistered matters shall correspond to custom;

“”

B. From June 1, 2010 to June 22, 2011, the Defendant paid to the Plaintiff the rent as indicated in the attached Table 1 “The details of the rent payment 1” as the name of the instant lease. From July 1, 2011 to May 30, 2013, the Defendant paid the rent in the name of Nonparty D or the joint name of the Defendant and D, as shown in the attached Table 2 “The details of rent 2” from July 1 to May 30, 2013.

C. In addition, the Defendant’s KRW 1,000,000 on May 16, 201, and the same year

6. 7. The Plaintiff paid total of KRW 2,00,000,000 to the Plaintiff, including KRW 1,000,000, not paid twice.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 6 evidence, Eul evidence 1 to 22, Eul evidence 7-1 to 6, Eul's testimony, and the purport of whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1 Plaintiff had already expired the lease term, and even if not, the Defendant did not pay the rent from November 201 to the Defendant on or around May 4, 2012.

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