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(영문) 부산지방법원동부지원 2019.11.06 2019가단4474
건물명도(인도)등
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list, and shall pay KRW 4,500,000 to the plaintiff.

2. The costs of lawsuit shall be.

Reasons

1. Facts of recognition;

A. On July 16, 2018, the Plaintiff entered into a lease agreement with the Defendant and the real estate listed in the separate sheet (hereinafter “instant real estate”) with a term of one year from July 26, 2018 (hereinafter “instant lease agreement”) to KRW 5,00,000, monthly rent of KRW 450,000 (prepaid on July 26, 2018), and the term of lease from July 26, 2018 to July 25, 2019.

B. The Plaintiff received the above lease deposit from the Defendant and handed over the instant real estate to the Defendant around that time.

C. The Defendant did not pay the rent in addition to the rent in July 2018 that was paid in advance.

Accordingly, on May 14, 2019, the Plaintiff sent to the Defendant a letter verifying the termination of the instant lease agreement on the grounds of the delinquency in rent, and filed the instant lawsuit on May 15, 2019.

E. The Defendant currently occupies and uses the instant real estate.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 3, records evident facts, the purport of the whole pleadings

2. According to the facts of the above recognition, the instant lease was terminated upon termination of the Defendant’s delinquency in rent.

As such, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and to pay 4,500,000 won (=450,000 won x 10) equivalent to the rent for ten months from August 26, 2018 to June 25, 2019, as sought by the Plaintiff.

The Defendant asserts that, through the written response from October 29, 2019 after the closing of the instant argument, the Defendant is obligated to pay the remainder of KRW 850,000,000 if the amount of the lease deposit is deducted from KRW 5,000,00,000 by paying two-month rent from October 25, 2019 to October 25, 2019 after the instant lease contract.

The security interest is to guarantee the rent and other lessee's obligations arising from the time when the lessee delivers the object after the lease contract is terminated, and the secured amount is to be returned after the termination of the lease relationship.

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