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(영문) 부산지방법원서부지원 2019.11.27 2018가단115441
건물명도(인도)
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. On June 11, 2018, the Plaintiff decided to lease the real estate indicated in the separate sheet (hereinafter “instant real estate”) from the Defendants, and concluded a lease agreement with the following terms (hereinafter “instant lease agreement”).

- A rental deposit of KRW 30 million, monthly rent of KRW 1.6 million - down payment of KRW 10 million, at the time of the contract, shall be paid and received at the time of the contract. The remainder of KRW 20 million shall be paid in July 20, 2018.

-Article 6 (Cancellation of Contract): Before the lessee pays the intermediate payment (if there is no intermediate payment, the remainder) to the lessor, the lessor shall pay a double the down payment, and the lessee may waive the down payment and rescind this contract.

- Period of August 1, 2018 - July 31, 2021

On June 11, 2018, the date of concluding the instant lease agreement, the Plaintiff paid each of the remainder of KRW 10 million, and KRW 20 million on July 9, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff paid all the security deposit, including the down payment and the remainder under the instant lease agreement, and the Defendants are obligated to deliver the instant real estate to the Plaintiff.

B. The Defendants asserted that the instant lease agreement was lawfully rescinded, since they returned all the remainder of the down payment and the remainder received from the Plaintiff prior to the date of the payment of the remainder of the instant lease agreement, and expressed their intent to cancel the said lease agreement.

Therefore, the plaintiff cannot respond to the claim of this case.

3. The Plaintiff entered into the instant lease agreement with the Defendants and paid both the down payment and the remainder under the said lease agreement. However, according to the following facts or circumstances acknowledged by adding up the aforementioned evidence and the written evidence as well as the written evidence Nos. 3 and 5, and the purport of the entire pleadings with the witness D’s witness witness witness’s testimony, the instant lease agreement was concluded.

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