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(영문) 대전지방법원 2017.03.31 2016나105167
임대료 청구의 소
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. On May 16, 2014, the Plaintiff leased the instant building to the Defendant by setting the lease deposit amount of KRW 70 million, monthly rent of KRW 4,80,000 (payment on the 15th day of each month), and the lease term of May 15, 2016, for the lease period of KRW 4,000,000,000,000,000,000,000,000 won, owned by the Plaintiff (hereinafter “instant building”).

(hereinafter “instant lease agreement”). B.

On December 20, 2014, the Plaintiff agreed to receive KRW 3.5 million from November 15, 2014 to the monthly rent of the instant building. On February 17, 2015, the Plaintiff agreed to receive KRW 2.5 million from January 15, 2015, and decided to invalidate the monthly rent delay.

However, on August 7, 2015, the Plaintiff entered into an agreement with the Defendant on August 7, 2015, stating that the monthly rent between the Defendant and the Plaintiff would be paid KRW 2.5 million as in the previous case.

C. From June 16, 2014 to July 15, 2015, the Defendant paid to the Plaintiff a total of KRW 340,50,000 to the Plaintiff over twelve occasions.

On September 18, 2015, the Plaintiff sold the instant building to D and E in KRW 610 million. The Plaintiff agreed to receive the lease deposit under the instant lease agreement from the purchaser, but the lease deposit shall not be paid before October 30, 2015, and the lease deposit shall be paid to the seller KRW 9 million out of the lease deposit.

Since September 23, 2015, the Plaintiff completed the registration of ownership transfer on the instant building to D and E.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 4, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the total monthly rent that the Plaintiff shall receive from the Defendant during the period from May 16, 2014 when the Plaintiff entered into the instant lease agreement to D and E from September 15, 2015 when the Plaintiff sold the instant building to D and E, and the total monthly rent that the Plaintiff shall receive from the Defendant during the period from September 15, 2015, shall be KRW 53,500 (==24 million). From May 16, 2014 to October 15, 2014, as seen above.

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