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(영문) 부산지방법원 2016.02.18 2015가단6445
건물명도등
Text

1. The defendant shall be the plaintiff.

(a) holidaying the second floor of 265.45 square meters among the buildings listed in the attached list;

B. From February 13, 2014, the foregoing.

Reasons

1. Facts of recognition;

A. On October 13, 2008, the Plaintiff’s attached list C entered into a lease agreement (hereinafter “the first lease agreement”) with the second floor of 265.45 square meters (hereinafter “the instant building”) among the buildings listed in the attached list in D, Co., Ltd. as to the lease deposit amount of KRW 5,00,000, monthly rent of KRW 80,000, monthly rent of KRW 800,000, and the lease term of October 13, 201. The main contents are as follows.

Article 4:In case the lessee has failed to pay the rent more than twice or the lessee has violated the provisions of Article 3, the lessor may terminate the contract.

Article 5: Where a lease contract is terminated, the lessee shall restore the building of this case to its original state and return it to the lessor, and the lessor shall return the deposit to the lessee.

B. However, in around 2009, the lessee of the first lease contract was changed to E Co., Ltd., and the deceased C died around May 2010 and the Plaintiff succeeded to the deceased’s property, then the lessee was changed to the Defendant.

Accordingly, on March 31, 2011, the Plaintiff and the Defendant concluded a lease agreement with the same content as the initial lease agreement on the instant building.

(However, the date of preparation was written retrospectively on October 13, 2008).

On November 14, 201, 201, the term of lease expires, the Plaintiff entered into a lease agreement that is identical with the initial lease agreement (hereinafter “instant lease agreement”) in addition to the lease deposit of KRW 10,000,000,000, monthly rent of KRW 1,000,000, and the term from October 13, 201 to October 13, 2013, the Plaintiff paid KRW 5,000,00 as the deposit received at the time of the initial lease (hereinafter “first lease deposit”) in lieu of the deposit received at the time of the initial lease agreement.

The defendant could not pay the above additional lease deposit amount of KRW 5,00,000 by the agreed deadline, and on December 1, 201, the lease deposit is made with the consent of the plaintiff on December 1, 201.

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