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(영문) 부산지방법원동부지원 2016.11.11 2014가합3268 (1)
건물명도 등
Text

1. The Defendant’s KRW 3,438,493 as well as 5% per annum from October 24, 2014 to November 11, 2016 to the Plaintiff.

Reasons

1. On June 5, 2015, the court rendered a judgment on the instant case against the Defendant by the Plaintiff, A, and B, omitted a judgment on the part of the claim stated in the Plaintiff’s above against the Defendant. As such, the court rendered an additional judgment on the omitted part pursuant to Article 212(1) of the Civil Procedure Act.

2. Basic facts

A. On February 6, 2014, the Plaintiff entered into a lease agreement with the Defendant under which the lease deposit amount is KRW 300,000,000 for the building listed in the separate sheet (hereinafter “instant building”) and KRW 18,000 for the monthly rent is KRW 18,00,000 for the rent, and the lease term is set from March 30, 2014 to March 30, 2016, and received KRW 300,000 for the above lease deposit from the Defendant around that time.

B. On April 1, 2014, the Plaintiff is the Defendant.

An amendment to the lease agreement stated in subsection (a) was made with respect to the third and fourth floors of the instant building as KRW 4,00,000,000 without a lease deposit, and with respect to the fifth, sixth, and seventh floors of the instant building as to KRW 100,000,000, monthly rent of KRW 14,000, and monthly rent of KRW 140,000 (hereinafter “instant lease agreement”).

C. The plaintiff was above B.

On April 1, 2014, upon entering into a lease agreement entered into with the Defendant, an agreement with the following terms and conditions (hereinafter “instant agreement”) was entered into.

The letter of agreement shall be signed.

1.The rent monthly shall not change, and the following three conditions are essential, and the deposit shall be reduced by 2/3:

(1) The method of refunding security deposit shall be the lessee to receive a loan by providing a lessor with a security for the Ulsan E materials building, and the lessee shall bear the interest every month without delay.

2. If the lease monthly rent is overdue at least twice or the interest on the loan is overdue at least once, the lessee is required to raise an objection to the order of the building, and the lessee is required to do so without raising an objection.

In this case, the refund of the remaining deposit shall be made after the moving into another tenant.

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