(영문) 대구지방법원 2018.09.20 2018가단7563

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(영문) 대구지방법원 2018.09.20 2018가단7563

임차보증금반환

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 8, 2017, the Plaintiff leased the lease deposit amounting to KRW 35 million, monthly rent of KRW 4.2 million (excluding value-added tax), and the lease term of KRW 4.2 million (hereinafter “the lease of this case”) from the owner at the time when the Plaintiff set the lease term of KRW 1 year (hereinafter “the lease of this case”).

B. On March 15, 2017, the Defendant completed the registration of ownership transfer on the instant real estate due to sale on July 31, 2015.

Accordingly, the defendant succeeded to the status of lessor under the instant lease agreement.

C. The Defendant terminated the instant lease agreement on the ground that the Plaintiff delayed the payment of rent for more than two months, and filed a lawsuit against the Plaintiff for requesting the delivery of real estate (No. 2017Gahap207394, hereinafter “previous lawsuit”).

The claims are as follows.

(1) The term “Plaintiffs” in the previous lawsuit shall be indicated as a substitute and generally in this judgment.

hereinafter the same shall apply. (A) at the same time receive from (Defendant) the remainder of the money obtained by deducting the money calculated at the rate of KRW 4.620,000 per month from April 1, 2017 to the completion of delivery (the real estate in this case) from the amount of KRW 35 million (Defendant) and (the real estate in this case is delivered to (Defendant).

On January 3, 2018, the previous litigation was concluded by the decision of recommending reconciliation as follows.

1. (Plaintiff) deliver to (Defendant) the instant real estate by February 22, 2018.

2.(Plaintiff) has failed to comply with the obligation of delivery under paragraph 1;

(a) (Plaintiff) pays to (Defendant) money in proportion to KRW 1,00,000 per day from February 23, 2018 to the completion date of delivery (the instant real estate);

B. (Plaintiff) From November 19, 2017 to the completion date of delivery (the instant real estate) the Plaintiff shall pay the amount calculated by the ratio of KRW 4,620,000 per month.

However, if (the plaintiff) has fulfilled the duty to deliver (the real estate in this case), (the defendant) waives the said obligation.

3. (Defendant) waives the remainder of the claims.

(e)(e).

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