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Reasons
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(영문) 부산고등법원 2015.01.13 2014나4736
건물인도 등
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1. In accordance with the principal claim on the monetary payment of the Plaintiff (Counterclaim Defendant) that was changed in exchange at the trial.

Reasons

1. Basic facts

A. On April 6, 2011, the Plaintiff leased each of the instant real estate to the Defendant by setting the lease deposit amount of KRW 30 million, KRW 3 million per month, and the lease period from April 30, 201 to April 29, 2013, and then delivered each of the instant real estate to the Defendant.

B. However, the Defendant paid only KRW 27 million out of KRW 30 million to the Plaintiff, and the Defendant did not pay the monthly rent after the conclusion of the said lease agreement.

C. On the other hand, on October 25, 2013, the registration of ownership transfer was completed from the Plaintiff on October 21, 2013 on the real estate of Paragraph 1 in the separate sheet (hereinafter “instant land”).

【Fact- without dispute over the ground for recognition】 Facts-finding, Gap evidence 2, 4, Eul evidence 3-1, 2-2, the purport of the whole pleadings

2. Determination on the main claim

A. In addition to the facts of recognition that the Defendant had transferred the possession of each of the instant real estate to the Plaintiff or the Korea Water Resources Corporation even until now, on the grounds that the lease agreement between the Plaintiff and the Defendant was terminated on April 29, 2013, the Defendant is obligated to deliver each of the instant real estate to the Plaintiff.

B. The facts that the Defendant did not pay the monthly rent to the Plaintiff from April 30, 201 to April 29, 2013, which is the termination date of the above lease contract, are as seen earlier. Therefore, as the Defendant seeks from April 30, 2011 to October 24, 2013, the amount equivalent to KRW 89,419,354 [3,00,000 x [29 (25/31)] and damages for delay, calculated at the rate of KRW 3 million, calculated by the Plaintiff from April 30, 201 to October 24, 2013, before the Plaintiff loses its ownership, as the Plaintiff seeks, the Defendant is obligated to pay to the Plaintiff the monthly rent.

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