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(영문) 대전지방법원서산지원 2015.07.08 2015가단1323
건물인도 등
Text

1. The defendant shall make the plaintiff A a general restaurant of 118.4 square meters for the second class neighborhood living facilities of the Doha-si Doha-si Do, Seosan-si.

Reasons

1. Facts of recognition;

A. On September 23, 2012, the Plaintiffs (Lessor) and the Defendant (Lessee) concluded a lease agreement with the following terms (hereinafter “instant lease agreement”).

- Real estate: A general restaurant of 118.4 square meters and general restaurant of 118.4 square meters in facilities for living in the second-class neighborhood living in Seosan City, Seosan-si, Do, 200: From October 3, 2012 to October 2, 2014 - Deposit: 20,000 won - Rent: 1,40,000 won per month (payment on the third-day of each month)

B. The Defendant paid only 10,000,000 won out of deposit 20,000 won to the Plaintiffs, and only 27,10,000 won out of deposit 39,20,200,000 won from October 3, 2012 to February 2, 2015.

(The defendant alleged that he did not pay KRW 23,700,000,000. However, as alleged by the plaintiff, the details of the settlement are recognized.

The Plaintiffs expressed their intent to terminate the instant lease agreement in the instant complaint, and the instant warden served to the Defendant on March 4, 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the lease contract of this case was lawfully terminated by the delivery of a copy of the complaint of this case.

The plaintiff is present on the second day for pleading of this case, and the defendant's assertion of the deduction of KRW 1,200,000 paid by the defendant due to the failure in groundwater among the defendant's arguments.

Therefore, the defendant shall deliver the plaintiff A a general restaurant of 118.4 square meters for the second class neighborhood living facilities of the D W WW-si Do, and the second class neighborhood living facilities of the E MW-E structure general restaurant of 118.4 square meters, respectively, to the plaintiff B. The defendant shall deliver 900,000 won to the plaintiffs, respectively, and the defendant shall deliver to the plaintiffs each of 900,000 won [=((39,200,000-1,200,000 won-1,200,000) - 2] and the amount calculated by the annual rate of 20% from March 5, 2015 to the day of full payment, from February 3, 2015 to the day of full payment.

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