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(영문) 부산지방법원동부지원 2020.05.21 2019가단4511
건물명도(인도)등
Text

1. The defendant

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

(b) 52,900,000 won and as regards it, 2020.

Reasons

1. Facts of recognition;

A. On September 13, 2017, the Plaintiff leased real estate listed in the separate sheet (hereinafter “instant commercial building”) to the Defendant as KRW 50,000,00,000 for lease deposit, monthly rent of KRW 4,00,000 for lease deposit (the first day payment for each month in separate and subsequent payment), and from December 1, 2017 to November 30, 202 for the term of lease.

(hereinafter referred to as “instant lease agreement”). B. the terms and conditions of the lease agreement are as follows.

The Defendant was handed over the instant commercial building from the Plaintiff around that time.

C. By May 1, 2019, the Defendant delayed payment of KRW 13,280,000 in total from August 1, 2018 to December 2018, 2018; and KRW 13,280,000 in total from February 1, 2019 to April 2019; and the Plaintiff paid KRW 7,70,000 in total from May 13, 2019 to May 14, 2019 to the Plaintiff.

On May 22, 2019, a copy of the complaint of this case was served on the Defendant, seeking the termination of the instant lease agreement, the delivery of the instant commercial building, and the payment of overdue rent, on the ground that the Defendant was in arrears over three or more occasions.

E. From May 2019, the Defendant continues to delay the rent.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination

A. According to the facts of recognition as to the termination of the instant lease agreement, the lease of this case was lawfully terminated due to the delivery of the copy of the complaint of this case containing the Plaintiff’s declaration of termination, on the ground that the Plaintiff did not delay to pay for more than three years, that it is the difference of KRW 13,300,000 (=21,000,000 - 7,700,000) at the time of filing the instant lawsuit.

B. Defendant’s assertion 1) The Defendant asserts that the Plaintiff agreed to reduce the amount of KRW 3,50,000 from March 2019 to March 201 (the value-added tax is set aside separately).

On April 2019, when the plaintiff's spouse fully pays the difference in arrears before April 201 to the defendant's request for reduction, 50,000 won from May.

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