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(영문) 부산지방법원동부지원 2020.10.20 2019가단226823
건물
Text

1. The defendant shall receive KRW 4,288,710 from the plaintiff and at the same time real estate stated in the attached Table to the plaintiff.

Reasons

Facts of recognition

On May 7, 2013, the Plaintiff entered into a lease contract between the Defendant and the Defendant for the instant house with a deposit of KRW 10,000,000, monthly rent of KRW 350,000 (pre-paid payment on May 30, 201), and the period from May 30, 2013 to May 29, 2015 (hereinafter “instant lease contract”). At that time, the Plaintiff received payment of KRW 10,00,000 when transferring the instant house to the Defendant.

After that, the instant lease contract has been implicitly renewed, and the main contents are as follows.

Article 3 The lessee may not change the use, structure, etc. of the above real estate, sublease, transfer the right of lease or offer the security, and use it for purposes other than those of the lease without the consent of the lessor.

Article 5 If the lessee has not paid monthly rent at the second time, the lessor may terminate the lease contract.

Where a lease contract is terminated, the lessee shall restore the above real estate to its original state and return it to the lessor, and the lessor shall refund the deposit.

[Matters of special agreement] To be delivered as above.

The Defendant agreed to increase the monthly rent of KRW 450,00 from April 2018 to KRW 450,000 under the instant lease agreement. The Defendant paid KRW 2,00,000 to the Plaintiff on February 13, 2019.

[Reasons for Recognition] In full view of the facts without dispute, Gap 2 and 3 evidence, Eul 4-1-1's evidence, and the purport of the whole argument as to the ground for appeal as a whole, the lease agreement of this case is as follows.

B. (2) (c) The Defendant is obligated to deliver the instant house to the Plaintiff and pay the unpaid vehicle until January 18, 2020, except in extenuating circumstances, inasmuch as the instant lease contract was terminated on January 18, 2020, which is the purport that the instant lease contract is terminated on the ground of the Defendant’s two or more lease vehicles as seen in paragraph (c) (i).

The plaintiff is the defendant.

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