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(영문) 창원지방법원마산지원 2014.01.15 2013가단327
건물명도등
Text

1. The Defendant (Counterclaim Plaintiff) is one of the real estates listed in the separate sheet with the Plaintiff (Counterclaim Defendant).

(a)Attachment 1.3

Reasons

1. Basic facts common to the principal lawsuit and counterclaim;

A. The Plaintiff is a lessor who leased each real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant, and the Defendant is a lessee who leased the instant real estate from the Plaintiff.

B. On August 31, 2009, the Plaintiff and the Defendant entered into a lease agreement on the instant real estate (hereinafter “instant lease agreement”), and at that time, the main contents of the instant lease agreement based on the lease agreement are as follows.

The lessor of real estate lease agreement: The lease deposit for the Defendant: 6 million won (the contract deposit of 300,000 won shall be paid at the time of the contract, the intermediate payment of 2 million won shall be paid at the time of the contract, September 15, 2009, and the remainder of 3.7 million won shall be paid at October 30, 2009): the term of 200,000 won per month (payment on October 30, 2009): From October 30, 2009 to October 29, 201 (Article 4): In case where the lessee continually delays the payment of the rent at least twice, the lessor may terminate the contract immediately.

Upon termination of a contract (Article 5): Where a lease contract is terminated, the lessee shall restore the above real estate to its original state and return it to the lessor.

In such cases, the lessor shall return the deposit to the lessee, and if the rent or the amount of compensation is overdue, he/she shall restrain it and refund the balance.

A special agreement: The lessee shall repair the part payment at the lessee's expense after the payment is completed, and shall restore the part payment at the lessee's expense when the contract period expires.

C. The Defendant received from the Plaintiff the instant real estate from the Plaintiff immediately after paying the deposit amount of KRW 6 million to the present day, and thereafter occupied and used the instant real estate. However, the Defendant did not pay to the Plaintiff the rent of KRW 2 million on or around September 30, 2009 after paying the monthly rent of KRW 2 million.

On October 1, 201, the Plaintiff urged the Defendant to pay the overdue rent and requested the delivery of the instant real estate.

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