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Reasons
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(영문) 창원지방법원 2017.12.21 2017가합53289
부동산인도청구
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1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Facts of recognition;

A. On January 14, 2017, the Plaintiff and the Defendant enter into a lease agreement between the Defendant with the terms that ① KRW 100,000,000,000 as deposit money, KRW 9,900,000 (including value-added tax; hereinafter the same shall apply) for the real estate listed in the separate sheet (hereinafter “instant real estate”) and the term from February 10, 2017 to February 9, 2019; and ② KRW 10,000,000 out of deposit money of KRW 10,00,000 on the date of the contract, and KRW 90,00,000,000 was paid until February 15, 2017 (hereinafter “instant contract”). At that time, the Plaintiff handed over the instant real estate to the Defendant.

B. However, the Defendant paid only KRW 10,000,000 among the deposit under the instant contract to the Plaintiff, and did not pay KRW 90,000,000 to the Plaintiff after February 15, 2017. Accordingly, around March 16, 2017, the Plaintiff agreed to fully pay the deposit by March 31, 2017. However, even until March 31, 2017, the Defendant did not pay the remainder deposit KRW 50,000,000 to the Plaintiff.

In addition, from February 2017, the Defendant did not pay the rent under the instant contract from February 2017.

C. Meanwhile, the Defendant owned the Plaintiff’s claim for the construction cost of KRW 61,732,00 against the Plaintiff (hereinafter “instant claim for the construction cost”). Around May 8, 2017, the Defendant requested the Plaintiff to offset the instant claim for the construction cost and the Plaintiff’s security deposit and rent claim under the instant contract against the Plaintiff.

However, on May 19, 2017, the Plaintiff refused the above request of the Defendant, and notified the Defendant that the instant contract will be terminated without paying KRW 50,000,000 payable and unpaid KRW 39,60,000 (=9,900,000 + 4 months (from February 2, 2017 to May 2017) until May 31, 2017).

E. The Defendant, around May 24, 2017, offset the instant construction cost claim against the Plaintiff and the Plaintiff’s security deposit claim and rent claim under the instant contract.

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