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(영문) 창원지방법원 진주지원 2021.02.10 2019가단7682
건물명도 등
Text

1. The Defendant shall attach from September 28, 2019 to the 9,500,000 won from the Plaintiff, the 1st floor of the building indicated in the attached Table from September 28, 2019, to the 255.56 square meters.

Reasons

1. Facts of recognition;

A. On September 28, 2010, the Plaintiff completed the registration of transfer of ownership on the instant building. On the same day, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant by setting the lease deposit of KRW 10 million, monthly rent of KRW 500,000,000 for the instant store from September 28, 201 to September 27, 201.

B. The Defendant paid KRW 10 million to the Plaintiff the lease deposit of the instant store.

(c)

The instant lease agreement has been implicitly renewed, and the Defendant, from October 28, 201, to November 27, 2011, did not pay the rent for the period from October 201 to November 27, 201, and did not pay the rent from September 2019.

Accordingly, on December 2, 2019, the Plaintiff notified the Defendant of the termination of the instant lease agreement (hereinafter “instant termination notification”) on the ground that the instant store’s rent is not continuously paid (hereinafter “instant termination notification”).

(d)

On December 3, 2019, the Defendant sent to the Plaintiff the reply that the Plaintiff would pay the unpaid rent and deliver the instant store upon receiving the refund of KRW 10,000,000,000.

[Grounds for Recognition] Unsatisfy, Gap evidence 1 and 6 (including branch numbers), the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Defendant paid the monthly rent on October 201. From September 28, 2012 to September 27, 2019, the Plaintiff paid KRW 3.5 million, not the monthly rent, for a period of 84 months from September 28, 2012 to September 27, 2019. The Plaintiff paid the monthly rent of KRW 1 million on September 2019 and October 2019 (=50,000 won x 2 months).

Meanwhile, upon the Defendant’s request, the Plaintiff returned KRW 10 million in advance, and the Plaintiff terminated the instant lease contract with the notice of termination, the Defendant is obligated to deliver the instant store to the Plaintiff, and the Plaintiff is obligated to deliver the said store to the Plaintiff (i.e., KRW 14., KRW 14.1 million (i.e., KRW 1., KRW 1.5 million) and KRW 1.5 million (i.e., KRW 1., KRW 1.5 million each month for 84 months, 2019, KRW 1.5 million) and KRW 1.5 million each month for 2.6 million)

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