(영문) 부산지방법원서부지원 2020.07.21 2019가단9505

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(영문) 부산지방법원서부지원 2020.07.21 2019가단9505

건물인도

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1. The Defendant (Counterclaim Plaintiff) is from 10,000,000 to 10,000 won from the Plaintiff (Counterclaim Defendant) on March 25, 202.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On August 12, 2017, the Plaintiff entered into a lease agreement between the Defendant and the Plaintiff on the attached list (hereinafter “instant building”) with respect to the lease deposit of KRW 10 million, monthly rent of KRW 100,000,000,000 from August 18, 2017 to August 17, 2019 (hereinafter “instant lease agreement”). At that time, the Plaintiff received KRW 10,000,000 from the Defendant and delivered the instant building to the Defendant.

B. At the time of the instant lease agreement, the Plaintiff and the Defendant agreed that the Plaintiff may terminate the instant lease agreement, and the Defendant delayed payment of KRW 4 million in total from April 18, 2019. The Plaintiff notified the Defendant of the termination of the instant lease agreement by content-certified mail on May 3, 2019. On May 20, 2019, the Plaintiff notified the Defendant of the termination of the instant lease agreement by re-certified mail, and the content-certified mail on May 20, 2019 sent to the Defendant on May 23, 2019.

C. On April 10, 2020 after the filing of the instant lawsuit, the Defendant repaid to the Plaintiff the sum of KRW 11,50,000,000 to March 24, 2020.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings

2. Determination on the main claim

A. According to the facts of the determination as to the cause of the claim, the instant lease agreement was lawfully terminated around May 23, 2019 by the Plaintiff’s notice of termination.

Therefore, the defendant is obligated to receive money from the plaintiff as well as to deliver the building of this case to the plaintiff, from March 25, 2020 to the completion date of delivery of the building of this case after deducting the amount of unjust enrichment of KRW 1 million per month from March 25, 2020 to March 25, 2020.

B. As to the judgment of the defendant's assertion, the defendant on April 10, 2020.

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