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(영문) 부산지방법원동부지원 2015.12.02 2015가단8881
건물명도등
Text

1. The Defendant shall deliver to the Plaintiff the real estate indicated in the attached list, and from September 6, 2014 to the delivery date of the pertinent real estate.

Reasons

1. Comprehensively taking account of the purport of the entire arguments in evidence Nos. 1-1, 2, 4, and 5 of the judgment as to the cause of the claim, the Plaintiff leased the instant real estate in the separate sheet to the Defendant in the monthly rent of KRW 400,000,000,000 to the Plaintiff from September 2, 2013, and the Defendant did not pay the monthly rent of KRW 400,000 to the Plaintiff from September 2, 2014. The fact that the Plaintiff received the Defendant on May 18, 2015, a duplicate of the instant complaint containing the Plaintiff’s declaration of intent to terminate the said lease on the ground of the delayed rent.

Therefore, since the above lease was terminated upon the termination of the Plaintiff’s termination on the ground of the Defendant’s delay of rent, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and to pay the rent calculated at the rate of KRW 400,000 per month from September 6, 2014 to the delivery date of the said real estate, as sought by the Plaintiff.

2. Judgment on the defendant's assertion

A. The asserted mother of the Plaintiff and the Defendant, while managing the Defendant’s real estate on behalf of the Defendant, has to collect monthly rents, etc. and pay KRW 80 million to the Defendant. Since the Defendant leased the instant real estate from C who represented the Plaintiff, in lieu of the deposit amount of KRW 80 million for the instant real estate, the Defendant may deliver the instant real estate at the same time by receiving the said deposit amount of KRW 80 million from the Plaintiff.

B. Comprehensively taking account of the overall purport of the arguments in the entries and shapes of Gap evidence Nos. 4, 5, Eul evidence Nos. 3 and 4, Eul evidence No. 1 and Eul evidence No. 1, the defendant prepared a lease contract (Evidence No. 1) stating that "a lease of the real estate of this case owned by the defendant shall be made in the deposit amount of KRW 80 million (no monthly rent)" on November 15, 2012, but the defendant did not obtain a fixed date in the above lease contract, and the defendant shall make 400,000 won each to C or the plaintiff from September 2, 2013.

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