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(영문) 대구지방법원 2020.02.13 2019가단12289
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. As to each of the real estate listed in the separate sheet (hereinafter “real estate Nos. 1 and 2”), the ownership transfer registration with the Plaintiff and C-ownership was completed on November 13, 2013 with the respective shares as of November 13, 2013.

B. On October 1, 2014, with respect to the first and second real estate owned by C, the Plaintiff independently entered into a lease agreement with C, setting the lease deposit amount of KRW 10,000,000, monthly rent of KRW 1200,000 (15-day prepaid terms), and the lease period of KRW 15,00,000 (15-day prepaid terms) as between October 15, 2014 and October 15, 2016 (hereinafter referred to as “first lease agreement”), and thereafter, received KRW 10,000,000 from the Defendant under the first lease agreement and delivered the first and second real estate to the Defendant at that time.

B. Around October 13, 2016, the Plaintiff and the Defendant agreed to increase the monthly rent of KRW 1,400,000 under the first lease agreement and extend the rental period to October 14, 2018 and change the contents thereof.

C. Meanwhile, around October 2017, the Plaintiff concluded a lease agreement (hereinafter “second lease agreement”) with the Defendant, setting the lease deposit amount of KRW 10,000,00 with respect to the third real estate as KRW 400,000 with respect to the third real estate between the Defendant and the Defendant, from October 2017 to October 14, 2018, respectively, by setting the lease term from October 2017 to October 14, 2018.

Pursuant to the lease agreement, the Plaintiff received KRW 10,000,000 from the Defendant at around that time, and delivered the third real estate to the Defendant.

On October 14, 2018, the Defendant filed an application for payment order with the Daegu District Court No. 2018 tea19255 on the ground that the respective lease term of the first and second lease term expires on October 14, 2018, with the Plaintiff seeking payment of KRW 20,000,000 and damages for delay.

In a case where the above payment order was requested, the defendant applied for the lawsuit.

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