logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 부산지방법원동부지원 2017.10.25 2016가단2101
건물인도등
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

(b) KRW 6,550,000 and this shall be applicable thereto.

Reasons

1. Basic facts

A. On June 25, 2015, the Plaintiff, the owner of the instant apartment, entered into a lease agreement with the Defendant on the instant apartment (hereinafter “instant lease agreement”) with regard to the lease deposit amounting to KRW 10,000,000, and the period from June 27, 2015 to June 26, 2016, and KRW 900,000, monthly rent (hereinafter “instant lease agreement”).

B. The Defendant paid 10,000,000 won to the Plaintiff, and received the delivery of the instant apartment and resides with three family members.

C. In the instant apartment, there was a defect in the string pipe pipes. While repairing the instant apartment from the management office of the instant apartment over several occasions, the phenomenon of pipes continuously obstructed without fundamental repair unless the pipes are replaced due to the deterioration of pipes. The Defendant, whenever doing so, added a solution for drilling the pipes and used it temporarily.

The instant lease agreement was implicitly renewed, and the Defendant did not pay the Plaintiff the rent from July 28, 2015, and the Plaintiff notified the Defendant of the termination of the instant lease agreement with the delivery of the duplicate of the instant complaint on the grounds of the rent delay.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 3, witness C's testimony, the purport of whole pleadings

2. The parties' assertion

A. The Plaintiff’s instant lease contract was terminated, and the Defendant is obligated to pay the Plaintiff the amount of KRW 20,700,000,000,000, which is the sum of the rent from July 28, 2015 to May 27, 2017. As such, the Defendant is obligated to deliver the instant apartment to the Plaintiff, and to pay to the Plaintiff the remainder of KRW 10,700,000 after deducting KRW 10,000 from the rent in arrears, and the amount of KRW 10,700,000, which is calculated at the rate of KRW 900,000 from May 28, 2017 to the date of delivery of the instant apartment.

B. The plaintiff shall pay damages to the defendant as follows. The defendant shall pay damages to the defendant.

arrow