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(영문) 인천지방법원부천지원 2015.07.08 2014가단45081
건물명도
Text

1. Of the instant lawsuit, the ratio of KRW 2,530,000 per month from July 2, 2015 to the delivery date of the building indicated in the separate sheet from July 2, 2015 to the delivery date of the building.

Reasons

1. Basic facts

A. On July 25, 2008, the Plaintiff purchased the E-building No. 504 (hereinafter “instant building”) of the fifth floor located in Oracheon-gu, Busan (hereinafter “Sacheon-gu”). On December 1, 2008, the Plaintiff entered into a lease agreement with the Defendant, stating that “The instant building is KRW 30 million, the term of lease from December 13, 2012 to December 12, 2010,” including a renewed contract (hereinafter “instant lease agreement”), and around that time, the Plaintiff transferred the instant building to the Defendant after receiving the deposit money from the Defendant, and registered the ownership transfer of the instant building on December 4, 2008.

B. On January 28, 2011, the Plaintiff and the Defendant drafted a lease agreement in which deposit money is KRW 30 million and monthly rent is KRW 30 million.

C. On January 13, 2012, the Plaintiff received money from the Defendant from the Plaintiff at KRW 30,000,000,000 from the Plaintiff’s KRW 19,976,640 [2,40,000 [2,00,000 (1-month rent in 2010)] management expenses for KRW 8,40,000 (4-month rent in 200,00), and from January 29, 2012 to the delivery date of the building of this case, the Plaintiff received money from the Plaintiff at the same time deducting the amount calculated at the rate of KRW 2,10,00,00 from KRW 30 to KRW 1452, and the Plaintiff brought a lawsuit to the Plaintiff (hereinafter referred to as “prior case”), and the Plaintiff brought a lawsuit to the Plaintiff for mediation as follows:

1) The Plaintiff continues to lease the instant building to the Defendant under the following agreement: The rent from May 1, 2012 to July 31, 2013: KRW 210,000,000 per month; provided that the payment shall be made on 29,000 per month; c) other detailed matters are subject to the instant agreement as of January 28, 201 to the extent that it does not go against the instant adjustment agreement.

2. To the end, it is confirmed that the defendant's delay is KRW 14.6 million, and the defendant is the defendant.

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