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Reasons
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(영문) 부산지방법원 2016.05.26 2015가단85271
건물인도등
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1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

(b) KRW 10,150,000 and this shall apply thereto.

Reasons

1. Facts of recognition;

A. On April 26, 2002, the Plaintiff entered into a lease agreement with the Defendant on the lease deposit amounting to KRW 15 million, monthly rent amounting to KRW 390,000,000, and from April 26, 2002, the lease agreement (hereinafter “instant lease agreement”).

B. The Defendant operated a singing room at the instant store, and the business depression continued.

Accordingly, the plaintiff and the defendant agreed to deduct all of the lease deposit from the overdue rent in 2010 and reduced the monthly rent to 3.50,000 won.

C. The Defendant did not pay to the Plaintiff the sum of KRW 1,015,00 (i.e., the sum of KRW 3,150,000 among the monthly rent from 2013 to 2015 (i.e., the sum of KRW 3,150,000 among the nine months during the year 2013 (i.e., the sum of KRW 3,150,000 for the nine months during the year 2014).

[Ground of recognition] Unsatisfy, Gap 1, 2, 3, and 5's statements, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the defendant did not comply with the promise to deliver all the facilities of the store in this case, and did not pay a total of KRW 1,0150,000 per month rent in arrears.

Therefore, the defendant bears the duty to restore the store of this case to its original state and deliver it to the plaintiff, and pay the overdue rent of KRW 1,0150,000 and delay damages.

B. The defendant's assertion that the defendant paid the premium to all the lessee and received and operated a singing room, and the fact that the defendant did not recover the premium due to business depression and should leave the room.

On May 2015, the Defendant was only a policeman with the Defendant, and at the time, the Plaintiff exempted the remainder from paying 4 million won out of the rent in arrears, and instead, on May 2015, the Defendant promised to discontinue the singinginginging business by the end of May, 2015, and the Defendant did so.

3. Determination

A. The part accepting the claim (1) results in the delay of the part seeking the delivery of the store of this case for a long time.

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