(영문) 부산지방법원 2016.11.08 2016가단37262

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(영문) 부산지방법원 2016.11.08 2016가단37262

건물인도 등

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1. The Defendant (Counterclaim Plaintiff, the appointed party) is the Plaintiff (Counterclaim Defendant).

(a) the first floor and underground of the building indicated in the annex;

Reasons

1. Basic facts

A. On June 9, 2006, the Plaintiff leased the first floor and underground (hereinafter referred to as the “instant store”) of the building indicated in the attached Form to the net C with the deposit amount of KRW 10,000,000, monthly rent of KRW 1,000,000, and the lease period of KRW 1,000, and the lease period from June 10, 2006 to January 9, 2008, and the said lease contract was successively renewed after the expiry of the lease period (hereinafter “instant lease contract”).

The net C died on March 23, 2009, and the Defendant inherited the business rights of the restaurant operated at the instant store on June 1, 2009 by agreement on the division of inherited property as of June 1, 2009.

[Reasons for Recognition] Facts without dispute between the parties, Gap evidence Nos. 1, Eul evidence Nos. 7 and 8, the purport of the whole pleadings

2. Claim for the principal lawsuit and judgment thereon

A. The Plaintiff asserts that the instant lease contract was terminated as a copy of the instant complaint, and the deposit amount of KRW 10 million was offset from June 10, 2015 to April 9, 2016, and that the remainder of the rent, excluding the unpaid rent of KRW 400,000,000, which was paid thereafter, was not paid at least twice. As such, the Plaintiff asserted that the instant lease contract was offset by the unpaid rent from June 10, 2015 to April 9, 2016.

On June 10, 2015, the Defendant agreed to terminate the instant lease agreement with the Plaintiff. On June 17, 2015, the Defendant asserted that the instant store was ordered as of June 17, 2015, and the key to the instant store was handed over to the Plaintiff on July 16, 2015, and the rent was paid in full by August 3, 2015.

B. It is not sufficient to recognize that the Defendant delivered the instant store to the Plaintiff, and paid rent exceeding the rent that the Plaintiff was his/her own, in light of the video of the evidence Nos. 3 (including the paper numbers), Nos. 3 and 12 (including the paper numbers), and there is no other evidence to acknowledge otherwise.

C. Accordingly, the instant lease agreement is null and void.

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