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(영문) 창원지방법원 2017.11.30 2016가단113743
건물인도
Text

1. The defendant shall receive KRW 60,000,000 from the plaintiff, and at the same time, shall be the real estate stated in the attached Table to the plaintiff.

Reasons

1. Basic facts

A. On May 17, 201, C representing the Plaintiff entered into a lease agreement with the Defendant (hereinafter “instant lease agreement”) with the lease deposit of KRW 120,000,000, and with the lease term of June 30, 2013 (hereinafter “instant lease agreement”).

B. From May 19, 201 to June 30, 201, the Plaintiff received KRW 60,000,000, out of the lease deposit from the Defendant.

C. The Plaintiff expressed his/her intent to terminate the instant lease agreement on the grounds that the lease deposit is not paid by the delivery of a duplicate of the instant complaint.

[Reasons for Recognition] Uncontentious Facts, Entry of Gap evidence 1, purport of whole pleadings

2. Determination

A. According to the above facts, the lease contract of this case was terminated upon the expiration of the lease term, or terminated by the delivery of a copy of the complaint of this case on the ground that the lease deposit is not paid.

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff at the same time with the payment of KRW 60,000,000 already paid lease deposit from the Plaintiff.

B. At the time of the conclusion of the instant lease agreement, the Defendant agreed to convert the Plaintiff’s claim for construction cost of KRW 60,000,000 against C and C into the lease deposit under the instant lease agreement. Thus, the Defendant cannot deliver the instant real estate until receiving KRW 120,00,000 in total of the lease deposit. However, there is no evidence to acknowledge the above agreement, and thus, the Defendant’s assertion is rejected.

3. The plaintiff's claim for conclusion is justified and acceptable.

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