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(영문) 창원지방법원밀양지원 2017.04.19 2016가단12269
차임 청구의 소
Text

1. The Defendant: (a) KRW 47,350,000 for the Plaintiff and the Plaintiff’s annual rate from September 1, 2015 to March 24, 2017; and (b) March 25, 2017.

Reasons

1. Basic facts

A. On April 24, 2007, the Plaintiff completed the registration of ownership transfer on D factory site of 3871 square meters, D factory site of 1690 square meters and C, D, E-ground reinforced concrete tanks, steel bars, blocks, light metal tanks, Ablibsium, sludge, sludge, 1st floor, 946.70 square meters, 199.00 square meters for attached 2 stories, 199,00 square meters for attached 2 stories, 704.05 square meters for 2 stories, 554.5 square meters for 132.78 square meters for 14 November 14, 207, and completed the registration of ownership transfer on F.960 square meters for 19,00 square meters for 1st floor (factory).

(hereinafter referred to as “instant real estate” by combining both land and buildings; (b)

On March 2013, the Plaintiff transferred the instant real estate to the Defendant a factory of the first floor and the second floor office attached thereto (hereinafter “instant real estate”).

C. On August 26, 2015, G completed the registration of ownership transfer due to a compulsory auction on the same day.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 3 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff is liable to pay the Defendant the overdue electricity fee of KRW 47350,000,000 on the instant real estate on the condition that the Defendant pays the rent of KRW 2 million per month. Since the Defendant paid only the rent of KRW 58,00,000,000 from April to August 2015, the Plaintiff asserts that the Defendant is liable to pay the Plaintiff the unpaid rent of KRW 4735,00,000 and the delayed payment thereof.

On the other hand, the defendant asserts that the plaintiff's claim is groundless since he did not agree to pay the overdue electricity fee in addition to paying the overdue electricity fee when leasing the target real estate of this case.

B. According to the reasoning of Gap evidence No. 3 and the purport of the entire pleadings, whether the Plaintiff agreed to pay the first difference of judgment, the Plaintiff’s instant case on April 18, 2016.

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