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(영문) 부산지방법원 2015.05.01 2014가단53529
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) Attached drawings, among the three floors of the buildings listed in the attached list, shall be indicated in (2), (3), (4), (5), (6), (7);

Reasons

1.There is no dispute between the parties to the facts of recognition, or recognition may be made by adding together the whole purport of the pleadings as set out in Gap evidence Nos. 1, 2, 5 to 7, and Eul evidence No. 1 (including branch numbers), and the whole purport of the pleadings.

On May 15, 2013, the Plaintiff: (a) indicated in the separate sheet (hereinafter referred to as “instant building”) on the third floor (hereinafter referred to as “instant third floor”) on the third floor, the entire building owned by the Defendant; (b) indicated in the separate sheet (hereinafter referred to as “301”; and (c) indicated in the separate sheet (hereinafter referred to as “301”; and (b) leased the leased deposit amount of KRW 2,00,00,000, KRW 60,000, May 14, 2015, and the period of the lease deposit of KRW 2,000,000, KRW 60,000,000, and KRW 60,000,000.

(hereinafter referred to as the “instant lease contract”) B.

In addition, on May 15, 2013, the Plaintiff leased the lease deposit of KRW 201 (hereinafter “No. 201”) among the second floor of the instant building (hereinafter “No. 201”) to the Defendant by setting the lease deposit of KRW 3,00,000, monthly rent of KRW 300,000, and the period of May 14, 2015 (hereinafter “the said lease agreement”) and delivered the said lease agreement to the Defendant.

C. On the other hand, on February 10, 2014, the Plaintiff entered into a lease agreement with Nonparty C until February 10, 2016, which is the lessor, lessee C, lease deposit amount of KRW 2,00,000,000, monthly rent of KRW 350,000, and the period of February 10, 2016.

The above lease contract is called ‘301 lease contract'.

D. At the time, the Plaintiff received KRW 2,00,000 from C to return KRW 2,00,000 to the Defendant the instant lease deposit, and the Defendant delivered KRW 301 to C.

E. After that, on March 24, 2014, the Plaintiff and the Defendant settled the total rent, etc. of the third floor of the instant building, which was overdue by the Defendant up to the time, with the lease deposit under 201, and determined as KRW 1,266,000, the lease deposit to be refunded for 201. Around that time, the Plaintiff and the Defendant shall be paid to the Defendant.

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