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(영문) 울산지방법원 2017.12.06 2017나21428
건물
Text

1. The judgment of the court of first instance is modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall list the Plaintiff (Counterclaim Defendant) in attached Form.

Reasons

1. Basic facts

A. On September 4, 2014, the Plaintiff leased real estate listed in the attached list (hereinafter “instant apartment”) to the Defendant with the lease deposit of KRW 20 million per month, KRW 1.2 million per month, and the period from September 23, 2014 to September 22, 2015 (hereinafter “instant lease agreement”), and delivered the instant apartment to the Defendant on September 19, 2014, and received KRW 10 million out of the lease deposit from the Defendant by September 19, 2014.

B. The Defendant paid only the rent to the Plaintiff until December 22, 2014, and did not pay KRW 1,407,230 to the management fee from May 2, 2015 to October 2015.

C. On December 4, 2015, the Plaintiff sent a document verifying the termination of the instant lease agreement to the Defendant on the grounds of rent delay for more than two years.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, and 5, the purport of the whole pleadings

2. The parties' assertion

A. The instant lease agreement, which is the cause of the principal claim, was terminated on the ground of rent delay for at least two years.

Therefore, the Defendant is obligated to deliver the instant apartment to the Plaintiff, and pay the amount calculated by deducting the amount of KRW 10 million from the rent of KRW 14.4 million from December 23, 2014 to November 22, 2015 and the unpaid management fees of KRW 14.07,230 (= KRW 14,400,000 - KRW 1,407,230 - KRW 10,000 - KRW 10,000) and the unpaid management fees of KRW 1.2 million from December 23, 2015 to November 22, 2015.

B. The Defendant, which caused the counterclaim, directly paid to the Plaintiff KRW 10 million out of the lease deposit, which caused the remainder of KRW 10 million to a licensed real estate agent D who arranged the instant lease agreement to pay on behalf of the Plaintiff, thereby paying KRW 20 million in full.

The instant lease agreement is terminated by agreement around December 2014 or on the ground of the Plaintiff’s fault.

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