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1. The defendant shall be the plaintiff.
(a) deliver the real estate listed in the annex;
B. From June 15, 2019, the above-mentioned A
subsection (b).
Reasons
Basic Facts
On April 15, 2017, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit of KRW 3,000,000, monthly rent of KRW 380,000 (payment after April 15), from April 15, 2017 to April 15, 2019 (hereinafter “instant lease agreement”).
The Defendant received the instant real estate from the Plaintiff based on the instant lease agreement, but did not delay that it was a monthly rent corresponding to the portion of eight months in November 2018.
On December 11, 2018, the Plaintiff concluded a lease agreement with the Defendant to pay KRW 400,000 monthly rent for the instant real estate in advance without a deposit (hereinafter “instant lease agreement”) on the following grounds: (a) the rent in arrears under the instant lease agreement was deducted from KRW 3,00,000; and (b) the Plaintiff concluded a lease agreement to pay KRW 400,000 on the instant real estate in advance without a deposit.
After entering into the instant lease agreement, the Defendant paid the Plaintiff KRW 400,000 monthly rent to May 14, 2019, but did not pay the following monthly rent. Since then, the Defendant occupied and used the instant real estate until now.
[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 3 and 5 (including the number of branch offices) and the whole purport of the pleading, the judgment of the defendant as to the main purpose of this case's defense is asserted to have been brought in violation of jurisdiction. Thus, since the lawsuit of this case is brought in violation of jurisdiction, the court having jurisdiction over the place where the defendant's general forum is located, and the lawsuit of this case can be brought to the court having jurisdiction over the place where the real estate is located (Articles 2 and 20 of the Civil Procedure Act). Since the place where the defendant's general forum is located and the real estate of this case is located, the jurisdiction of this court is recognized.
Therefore, this part of the defendant's argument is without merit.
We examine the cause of the claim, and the plaintiff's objection.